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A   DIGEST 


MILITARY  AND  NAYAL  LAWS 


CONFEDERATE  STATES, 


FROM    THE 


COMMENCEMENT  OF  THE  PEO VISIONAL  CONGKESS 


END  OF  THE  FIRST  CONGRESS  UNDER  THE 
PERMANENT  CONSTITUTION. 


ANALYTICALLY    ARRANGED 

BY 

CAPT.  W.  W.  LESTER,  OE  THE  QUARTERMASTER-GENERAL'S  OFFICE, 

AND 

WM.  J.  BROMWELL,  OF  THE  DEPARTMENT  OF  STATE, 

ATTORNEYS-AT-LAW. 

To  be  continued  every  session. 


COLUMBIA: 

EVANS    AND    COGSWELL, 
1864. 


Entered  according  to  act  of  Congress,  in  the  year  1864,  by 
W.  W.  LESTER  and  WILLIAM  J.  BROMWELL, 
In  the  Clerk's  office  of  the  District  Court  of  the  Confederate  States  in  and  for  the  Eastern  Dis- 
trict of  Virginia. 

Printed  by  Evans  &  Cogswell,  Columbia,  S.  C. 


INTRODUCTION. 


The  high  favor  with  which  the  present  work  has  already  been  received  in  military 
and  legislative  circles,  and  by  the  administrative  officers  of  the  government,  even 
under  the  disadvantage  of  being  examined  in  a  manuscript  state,  leaves  no  room 
to  doubt  that,  in  its  present  neat  and  convenient  form,  it  will  be  received  as  a  most 
useful  and  acceptable  work  by  all  who  may  have  occasion  to  consult  the  military 
and  naval  laws  of  our  country. 

The  following  letter  from  the  Attorney- General  of  the  Confederate  States  to  the 
Hon.  E.  Barksdale,  Chairman  of  Committee  on  Printing  of  the  House  of  Represen- 
tatives, and  the  report  of  that  committee,  communicated  to  the  House  after  an 
examination  of  the  work,  fully  describe  its  character  and  utility,  and  obviate  the 
necessity  of  a  more  formal  introduction  to  the  public. 

Letter  from  the  Attorney-General  of  the  Confederate  States  to  the  Hon.  E.  Barksdale, 
Chairman  of  the  Committee  on  Printing  of  the  House  of  Representatives. 

Confederate  States  op  America, 
Department  of  Justice,  Richmond,  January  30,  1864. 
Hon.  E.  Barksdale,  House  of  Representatives  : 

Dear  Sir  :  At  your  request  I  have  examined,  with  some  care,  the  "Analytical 
Digest  of  the  Military  and  Naval  Laws  of  the  Confederate  States,"  prepared  by 
Messrs.  Lester  and  Bromwell.      It  is,  in  my  judgment,  a  most  useful  work. 

The  labor  of  searching  through  so  many  pamphlet  copies  of  the  laws,  and  the 
uncertainty,  at  last,  as  to  whether  all  the  legislation  on  a  particular  subject  has  met 
attention,  have  been  an  inconvenience  long  felt  by  all,  and  especially  by  the  depart- 
ments and  the  committees  of  Congress. 

This  work  has  been  prepared  with  diligence,  care,  and  accuracy.  All  the  legisla- 
tion upon  the  subjects  embraced  has  been  collated  under  appropriate  heads,  with 
marginal  notes  and  references,  a  table  of  contents,  and  a  copious  index.  The 
facilities  which  it  furnishes  to  the  departments  and  committees  alone  would,  in 
my  opinion,  justify  its  publication  at  the  expense  of  the  government. 
I  recommend  it  to  the  favorable  consideration  of  the  committee. 
Very  respectfully,  your  obedient  servant, 

GEO.  DAVIS. 


Report  of  the  Committee  on  Printing  of  the  House  of  Representatives,  relative  to  a 
Digest  of  the  Laws  of  the  Confederate  States. 

Mr.  Barksdale,  of  Mississippi,  moved  a  further  suspension  of  the  rule,  to  enable 
him  to  make  a  report  from  the  Committee  on  Printing. 

He  said  the  committee  bad  not  made  a  report  this  session,  and  there  were  matters 
of  importance  awaiting  the  action  of  the  House. 


580243  *& 


IV  INTRODUCTION. 

The  rule  was  suspended,  when  Mr.  Barksdale,  from  the  Committee  on  Printing, 
to  whom  was  referred  a  resolution  of  the  House  inquiring  into  the  practicability  of 
having  printed  an  analytical  digest  of  the  laws  of  the  Confederate  States,  submit- 
ted the  following  report : 

"  That  a  compilation,  after  the  plan  of  Brightly,  embracing  the  military  and  naval 
laws  of  the  Confederate  States,  to  the  close  of  the  last  session  of  Congress,  has  been 
submitted  to  them  by  Captain  W.  "W.  Lester,  of  the  Quartermaster-General's  depart- 
ment, and  "William  J.  Bromwell,  Esq.,  of  the  Department  of  State,  and  that,  upon 
examination,  the  work  discloses  the  following  features  : 

"I.  All  the  provisions  of  law  bearing  upon  a  given  subject  (accompanied  with 
marginal  notes,  chapter  of  the  law,  number  of  the  section,  and  date  of  act)  are 
collected  together,  arranged  under  an  appropriate  general  heading,  and  properly 
subdivided. 

"  II.  "Where  laws  or  parts  of  laws  have  been  amended,  modified,  repealed,  or 
extended,  they  are  followed,  in  all  cases  practicable,  immediately  by  the  laws  which 
so  amend,  modify,  repeal,  or  extend  them  ;  in  all  other  cases,  suitable  references  and 
cross-references  are  inserted. 

"  III.  For  greater  convenience  of  reference,  and  to  secure  the  utmost  simplicity 
of  arrangement,  an  improvement  upon  similar  works  has  been  adopted  of  number- 
ing the  paragraphs  of  the  work  continuously  from  beginning  to  end. 

"IV.  A  table  of  the  general  divisions  of  the  book,  an  analysis  of  contents  pre- 
fixed to  each  division,  and  a  copious  index  to  the  whole,  as  systematic  aids  to  facili- 
tate investigation. 

"V.  An  appendix,  comprising  the  Articles  of  War,  regulations  concerning  priva- 
teering, and  other  matter  referred  to  in  the  body  of  the  work. 

"  The  committee  further  report  that  the  Digest  in  question,  extended  to  embraoe 
the  military  and  naval  laws  of  the  present  session,  can  be  procured,  ready  for  the 
printer,  for  the  moderate  sum  of  twenty-five  hundred  dollars. 

"The  committee  further  report  that  an  alphabetical  and  analytical  Digest  on  the 
same  plan,  embracing  all  the  laws  of  Congress  up  to  the  close  of  the  present  ses- 
sion, can  be  prepared,  ready  for  printing,  for  the  sum  of  four  thousand  dollars." 

Mr.  Barksdale  then  reported  a  bill  to  authorize  the  publication  of  a  Digest  of  the 
Laws  of  the  Confederate  States. 

[The  bill  above  referred  to  was  passed  without  opposition  in  the  Senate,  and  by 
more  than  a  two-thirds  vote  in  the  House.] 


TABLE  OF  CONTENTS. 


MILITAEY  LAWS. 

L— REGULAR  ARMY. 

I.  General  Organization. 
II.  Adjutant  and  Inspector- General's  department. 

III.  Quartermaster-General's  department. 

IV.  Subsistence  department. 

V.  Medical  department. 
VI.  Cadets. 

VII.  Military  Storekeepers. 
VIII.  Armories. 
IX.  Engineers. 

X.  Artillery. 

XI.  Cavalry. 

XII.  Infantry. 

XIII.  Pay. 

XIV.  Bounty. 
XV.  Rations. 

XVI.  Forage. 
XVII.  Zouaves. 

II.— PROVISIONAL  ARMY. 

I.  Forces  in  service  of  the  several  states  ;  how  received. 
II.  Militia  and  military  forces  of  the  Confederate  States,  and  100,000 
volunteers  for  twelve  months. 

III.  Volunteers  for  the  war. 

IV.  Volunteers  for  such  time  as  the  President  may  prescribe. 

V.  400,000  volunteers  for  not  less  than  twelve  months,  nor  more  than 
three  years. 

VI.  Requisition  upon  the  states  for  troops. 

VII.  Bounty;  furloughs;  election  of  company  o-fficers,  and  other  privi- 
leges. 
VIII.  Recruiting. 
IX.  Conscription. 

X.  Camps  of  Instruction. 
XL  Employment  of  Negroes. 
XII.  Exemption. 
XIII.  Rendezvous. 

XIV.  Local  defence  and-  special  service. 
XV.  Quartermaster,  Commissary,  and  Medical  departments. 


VI  CONTENTS. 

XVI.  Supplies,  clothing,  and  provisions. 
XVII.  Transportation. 
XVIII.  Cooks  and  nurses. 
XIX.  Chaplains. 

XX.  Engineers  and  engineer  troops. 
XXI.  Artillery. 
XXII.  Military  Storekeepers. 

XXIII.  Partisan  rangers. 

XXIV.  Sharp-shooters. 
XXV.  Pikemen. 

XXVI.  Signal  corps. 
XXVII.  Drill-masters. 
XXVIII.  Buglers  and  musicians. 
XXIX.  Disqualified,  disabled,  and  incompetent  officers. 

XXX.  Invalid  corps. 
XXXI.  Retirement  of  officers. 
XXXII.  Drunkenness. 

XXXIII.  Absence  without  leave. 

XXXIV.  Punishment  by  whipping  prohibited. 
XXXV.  Detailed  soldiers  and  transfer  of  troops. 

XXXVI.  Pay  and  allowances  due  deceased  soldiers. 
XXXVII.  Military  courts. 
XXXVIII.  Indian  troops. 
XXXIX.  Virginia  militia. 
XL.  Miscellaneous. 

III.— ARMS  AND  MUNITIONS. 

IV.— FLAG. 

V.— FORTS  AND  ARSENALS. 

VI.— HABEAS  CORPUS. 

VII.— HOSPITALS ;  SICK  AND  WOUNDED  SOLDIERS. 

VIII IMPRESSMENTS. 

IX.— MANUFACTURE  OF  SALTPETRE  AND  SMALL-ARMS ;  AND  MINES 

FOR  THE  PRODUCTION  OF  COAL  AND  IRON. 
X.— MISSOURI. 
XL— NATURALIZATION. 
XII.— NITRE  AND  MINING  BUREAU. 
XIIL— NORTH  CAROLINA. 
XIV.— PRESIDENT. 
XV.— PRISONERS  OF  WAR. 
XVI.— PRODUCTION  OF  PROVISIONS. 
XVII.— PROPERTY  DESTROYED. 
XVIIL— RETALIATION. 
XIX.— SLAVES. 
XX.— SOUTH  CAROLINA. 
XXL— TAXES. 

I.  Tax  in  kind— act  of  April  24,  1863. 


CONTENTS.  VI 1 

II.  Tax  in  kind— act  of  February  17,  1864. 
III.  Exemptions  from  taxation. 
XXII.— WAR  DEPARTMENT. 

NAVAL  LAWS. 

XXIII.— NAVY  DEPARTMENT. 
XXIV.— REGULAR  NAVY. 
I.  Officers. 
II.  Marine  corps. 

III.  Seamen. 

IV.  Gunboats  and  vessels  of  war. 
V.  Miscellaneous  provisions. 

XXV.— PROVISIONAL  NAVY. 
XXVL— VOLUNTEER  NAVY. 
XXVIL— MARITIME  LAW. 
XXVIIL— PRIVATEERS  AND  PRIZES. 
XXIX.— MARINE  HOSPITALS. 
XXX.— NATURALIZATION. 
XXXI.— PRE  SIDENT. 
XXXIL— PRISONERS  OF  WAR. 
XXXIIL— RETALIATION. 

APPENDIX. 

Clauses  of  the  Constitution  relating  to  military  and  naval  affairs. 
Articles  of  War. 

United  States  laws  relating  to  Ordnance  department. 
Salaries. 

President's  instructions  to  private  armed  vessels. 

Act  to  perpetuate  testimony  in  cases  of  slaves   abducted  or  harbored  by  the  enemy, 
etc.,  etc. 


MILITARY  LAWS. 


I.-REGULAR  ARMY. 

I.  General   Organization. 

1.  General  staff. 

2.  Staff  officers  ;  when  to  assume  command. 

3.  How  appointed. 

4.  Military  establishment. 

5.  Brigadier-generals. 

6.  Additional  brigadier-generals. 

7.  "  Generals." 

8.  Officers  ;  how  appointed.     Period  of  enlistment  of  rank  and  file. 

9.  Examination  of  officers. 

10.  Vacancies ;  how  filled.     Brigadier-generals;   how  appointed. 

11.  Meritorious  non-commissioned  officers. 

12.  Duties  of  officers.     Regulations. 

13.  Rules  and  Articles  of  War. 

14.  Sixty-fifth  Article  of  "War  amended. 

15.  Number  of  troops  to  be  called  into  service. 

16.  Repeal  of  conflicting  laws. 

17.  Resigned  United  States  officers. 

18.  Military  oath. 

19.  Repealing  clause. 

20.  Staff  duty  with  volunteers  or  provisional  troops. 

21.  Amending  the  foregoing  and  the  act  of  May  11, 1861.  Staff  appoint- 

ments from  civil  life. 

22.  Civilians  appointed  to  staff  of  generals. 

23.  Staff  of  a  general  at  seat  of  government. 

24.  Rank  and  command  for  service  with  volunteer  troops. 

25.  Rank,  and  command  of  officers  on  duty  in  certain  bureaus. 

II.  Adjutant  and  Inspector-General's  Department. 

26.  Officers  and  rank. 

27.  Rank  changed. 

28.  Officers  increased. 

29.  Clerical  force. 

III.  Quartermaster-General's  Department. 
[See  XV  Prov.  Army.~\ 

30.  Officers ;  rank  and  duties. 

31.  Organization  amended. 

32.  Rank,  pay,  etc.,  of  Quartermaster-general. 

33.  Officers  increased. 

34.  Bonds. 

35.  Purchase  and  sale  of  certain  articles  prohibited. 

36.  Clerical  force. 

37.  Additional  clerks;  compensation. 

IV.  Subsistence  Department. 
[See  XV  Prov.  Army.'] 

38.  Officers  ;  rank  and  duty. 

39.  Organization  amended. 

40.  Clerical  force. 


12  DIGEST    OF 

V.  Medical  Department. 
[See  XV  Prov.  Army  ;  alio,  Hospitals.] 

41.  Surgeon-general  and  assistant  surgeons. 

42.  Hospital  stewards. 

43.  Clerk  in  charge  of  hospital  supplies. 

VI.  Cadets. 

44.  Appointment  provided  for. 

VII.  Military  Storekeepers. 
[See  246,  7.J 

45.  Number  and  pay. 

46.  Military  storekeepers  of  ordnance. 

VIII.  Armories. 

47.  Superintendents;  master-armorers. 

48.  President  may  increase  salaries  of  master-armorers. 

49.  Salary  of  master-armorer  at  Richmond  increased. 

IX.  Engineers. 

[See  Engineers  Prov.  Army.] 

50.  Corps  organized. 

51.  Officers  of  sappers,  miners,  and  pontoniers. 

52.  Duty  of  colonel  of  engineer  corps. 

53.  Corps  increased. 

54.  Company  of  sappers  and  bombardiers. 

55.  Vehicles,  arms,  pontons,  tools,  etc. 

56.  Pay  of  sappers  and  bombardiers  ;  allowances,  rations,  and  forage. 

57.  Clerical  force  for  Bureau  of  Engineers. 

X.  Artillery. 

58.  Corps  organized. 

59.  Officers  increased. 

60.  Quartermaster's  sergeants  and  ordnance  sergeants. 

61.  Number  of  ordnance  sergeants  increased. 

XI.  Cayalry. 
[See  Infantry,   61.] 

62.  Regiment  organized. 

63.  Cavalry  increased.     Additional  infantry. 

XII.  Infantry. 
[See  Cavalry,    57.] 

64.  Regiments  organized. 

65.  Company  sergeants  increased. 

66.  Ensign. 

XIII.  Pay. 

67.  Brigadier-generals.     Aides-de-camp. 

68.  Officers  of  corps  of  engineers. 

69.  Officers  of  artillery. 

70.  Officers  of  infantry. 

71.  Officers  of  cavalry.    * 

72.  General  staff.     Surgeon-general,  surgeons,  assistant  surgeons. 

73.  Additional  pay. 

74.  Forage,  fuel,  etc.     Commutation,  mileage. 

75.  Enlisted  men. 

76.  Armorers,  carriage-makers,  etc.,  for  ordnance  service. 

77.  Cadets. 


RBt 
Net* 


MILITARY    LAWS.  13 

XIV.  Bounty. 

78.  Of  ten  dollars. 

XV.  Rations. 

79.  One  ration  per  day.     Clothing. 

80.  In  kind;  commutation. 

XVI.  Forage. 

81.  In  time  of  war.     In  time  of  peace.     Servants. 

82.  To  aides-de-camp  and  adjutants. 

XVII.  Zouaves. 

83.  Regiment  organized.     Pay. 

I.  General  Organization. 

1.  The  Congress  of  the  Confederate  States  of  America  Feb.26,i86i 
do  enact,  That  from  and  after  the  passage  of  this  Gen'eraista'ff 
act,  the  general  staff  of  the  Army  of  the  Confederate 

States  shall  consist  of  an  Adjutant  and  Inspector- 
General's  department,  Quartermaster-General's  de- 
partment, Subsistence  department,  and  the  Medical 
department. 

2.  That  the  officers  of  the  Adjutant-General's,  Quar-  S^|^;erg 

termaster-General's,   and    Commissary-General's    de-  when  t0  as- 
'  ^  sume    com- 

partment, though  eligible  to  command,  according  to  mand. 

the  rank  they  hold  in  the  Army  of  the  Confederate 
States  of  America,  shall  not  assume  command  of 
troops,  unless  put  on  duty  under  orders  which  special- 
ly so  direct  by  authority  of  the  President.  The  officers 
of  the  Medical  department  shall  not  exercise  command 
except  in  their  own  department. 

3.  That  the  staff  officers  herein  provided  for  shall  ibid,  jr. 

x  How  ap- 

be  appointed  by  the  President,  by  and  with  the  ad-  pointed. 
vice  and  consent  of  the  Congress,  and  shall  receive 
such  pay  and  allowances  as  shall  be  hereafter  estab- 
lished by  law. 

4.  That  from  and  after  the  passage  of  this  act  the  March  6, 

1863,  J 1, 

military  establishment  of  the  Confederate  States  shall  cn-29- 

Military  es- 

be  composed  of  one  corps  of  engineers,  one  corps  of  tabiishment. 
artillery,  six  regiments  of  infantry,  one  regiment  of 
cavalry,  and  of  the  staff  departments  already  establish- 
ed by  law. 

5.  There  shall  be  four  brigadier-generals,  who  shall  ibi.d>  |.8- 

.  ■         £>  O  >  Brigadier- 

be  assigned  to  such  commands  and  duties  as  the  Presi-  general*. 


14 


DIGEST    OF 


March  14, 
1861,  ?  2,  ch, 
41. 

Additional 
brigadier- 


May  16, 1861 
I  2,  ch.  20. 
"  Generals." 


March  6, 
1861, 1  9,  ch. 
29. 

Officers,  how 
appointed. 
Period  of  en- 
listment of 
rank  and  file 


Ibid,  §  10. 
Examina- 
tion of  offi- 
cers. 


Ibid,  1 11. 

Vacancies, 
how  filled. 


dent  may  specially  direct,  and  shall  be  entitled  to  one 
aide-de-camp  each,  to  be  selected  from  the  subalterns 
of  the  line  of  the  army,  who,  in  addition  to  their  duties 
as  aide-de-camp,  may  perform  the  duties  of  assistant 
adjutant-  general. 

6.  That  there  shall  be  added  one  brigadier-general 
to  those  heretofore  authorized  by  law,  and  that  any 
one  of  the  brigadier-generals  of  the  Army  of  the  Con- 
federate States  may  be  assigned  to  the  duty  of  adju- 
tant and  inspector-general,  at  the  discretion  of  the 
President. 

7.  That  the  five  general  officers  provided  by  exist- 
ing laws  [5  and  6]  for  the  Confederate  States,  shall 
have  the  rank  and  denomination  of  "  General,"  instead 
of  "Brigadier-general/'  which  shall  be  the  highest 
military  grade  known  to  the  Confederate  States.  They 
shall  be  assigned  to  such  commands  and  duties  as  the 
President  shall  specially  direct,  and  shall  be  entitled 
to  the  same  pay  and  allowances  [67]  as  are  provided 
for  brigadier-generals,  and  to  two  aides-de-camp,  to  be 
selected  as  now  provided  by  law.  Appointments  to 
the  rank  of  general,  after  the  army  is  organized,  shall 
be  made  by  selection  from  the  army. 

8.  All  officers  of  the  army  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the 
Congress,  and  the  rank  and  file  shall  be  enlisted  for  a 
term  not  less  than  three  nor  more  than  five  years,  un- 
der such  regulations  as  may  be  established. 

9.  No  officer  shall  be  appointed  in  the  army  until  he 
shall  have  passed  an  examination  satisfactory  to  the 
President,  and  in  such  manner  as  he  may  prescribe, 
as  to  his  character  and  fitness  for  the  service.  The 
President,  however,  shall  have  power  to  postpone  this 
examination  for  one  year  after  appointment,  if  in  his 
judgment  necessary  for  the  public  interest. 

10.  All  vacancies  in  established  regiments  and  corps, 
to  and  including  the  rank  of  colonel,  shall  be  filled  by 
promotion  according  to  seniority,  except  in  case  of 
disability  or  other  incompetency.  Promotions,  to  and 
including  the  rank  of  colonel,  shall  be  made  regimen- 
tally  in  the  infantry  and  cavalry  j  in  the  staff  depart- 


MILITARY    LAWS.  15 

ments,  and  in  the  engineers  and  artillery,  according  to 
corps.     Appointments  to  the  rank  of  brigadier-gen-  Brigadjer- 
eral,  after  the  army  is  organized,  shall  be  made  by  howappoint- 
selection  from  the  army. 

11.  The  President  of  the  Confederate  States  is  here-  5?id?.2 x.2- 

-*-•*■"'  Meritorious 

by  authorized  to  appoint  to  the  lowest  grade  of  subal-  "'ec™g.is' 

tern  officers  such  meritorious  non-commissioned  offi-  cers- 

cers  as  may,  upon  the  recommendation  of  their  colonels 

and  company  officers,  be  brought  before  an  army  board 

specially  convened  for  the  purpose,  and  found  qualified 

for  the  duties  of  commissioned  officers,  and  to  attach 

them  to  regiments  or  corps,  as  supernumerary  officers, 

if  there  be  no  vacancies  :  Provided,  There  shall  not  be 

more  than  one  so  attached  to  any  one  company  at  the 

same  time. 

12.  The  officers  appointed  in  the  Army  of  the  Con-  ibid,? 26. 

11  J  Duties  of 

federate  States  by  virtue  of  this  act  shall  perform  all  officers, 
military  duties  to  which  they  may  be  severally  assign- 
ed by  authority  of  the  President,  and  it  shall  be  the 
duty  of  the  Secretary  of  "War  to  prepare  and  publish 
regulations,  prescribing  the  details  of  every  depart-  Regulations. 
ment  in  the  service,  for  the  general  government  of  the 
army,  which  regulations  shall  be  approved  by  the 
President,  and,  when  so  approved,  shall  be  binding. 

13.  The  Rules  and  Articles  of  War*  established  by  ibid,  g  29. 
the  laws  of  the  United  States  of  America  for  the  gov-  Articles'1  of 
ernment  of  the  army,  are  hereby  declared  to  be  of 

force,  except  that  wherever  the  words  "United  States" 
occur,  the  words  "  Confederate  States  "  shall  be  sub- 
stituted therefor ;  and  except  that  the  Articles  of  War 
numbers  sixty-one  and  sixty -two  are  hereby  abrogat- 
ed, and  the  following  articles  substituted  therefor  : 

"  Article  61.  Officers  having  brevets  or  commis- 
sions of  a  prior  date  to  those  of  the  corps  in  which 
they  serve,  will  take  place  on  courts-martial  or  of  in- 
quiry, and  on  boards  detailed  for  military  purposes, 
when  composed  of  different  corps,  according  to  the 
ranks  given  them  in  their  brevet  or  former  commis- 
sions, but  in  the  regiment,  corps,  or  company  to  which 
such  officers  belong,  they  shall  do  duty  and  take  rank, 

*  For  Articles  of  War,  see  Appendix. 


16  DIGEST    OF 

both  in  courts  and  on  boards  as  aforesaid,  which  shall 
be  composed  of  their  own  corps,  according  to  the  com- 
mission by  which  they  are  there  mustered. 

"  Article  62.  If,  upon  marches,  guards,  or  in  quar- 
,  ters,  different  corps  shall  happen  to  join  or  do  duty 

together,  the  officer  highest  in  rank,  according  to  the 
commission  by  which  he  is  mustered  in  the  army, 
navy,  marine  corps,  or  militia,  there  on  duty  by  orders 
from  competent  authority,  shall  command  the  whole, 
and  give  orders  for  what  is  needful  for  the  service,  un- 
less otherwise  directed  by  the  President  of  the  Con- 
federate States  in  orders  of  special  assignment  pro- 
reb.  17,1864  viding  for  the  case." 

ch  51 

14.  That  the  sixty-fifth  Article  of  War*  be  so  amend- 
sixty-flfth     ed  as  to  read  as  follows  : 

war  amend-  "  Article  65.  Any  general  officer  commanding  an 
army,  or  commanding  a  force  of  cavalry  not  with  and 
under  the  immediate  command  of  the  commander  of 
an  army,  or  other  officer  commanding  a  separate  de- 
partment, may  appoint  general  courts-martial  when- 
ever necessary.  But  no  sentence  of  a  court-martial 
shall  be  carried  into  execution  until  after  the  whole 
proceedings  shall  have  been  laid  before  the  officer  or- 
dering the  same,  or  the  officer  commanding  the  troops 
for  the  time  being  :  neither  shall  any  sentence  of  a 
general  court-martial  in  time  of  peace,  extending  to  the 
loss  of  life,  or  the  dismission  of  a  commissioned  officer, 
or  which  shall,  either  in  time  of  peace  or  war,  respect 
a  general  officer,  be  carried  into  execution  until  after 
the  Whole  proceedings  shall  have  been  transmitted  to 
the  Secretary  of  War,  to  be  laid  before  the  President 
of  the  Confederate  States  for  his  confirmation  or  dis- 
approval and  orders  in  the  case.  All  other  sentences 
may  be  confirmed  and  executed  by  the  officer  ordering 
the  court  to  assemble,  or  the  commanding  officer  for 
the  time  being,  as  the  case  may  be." 
March  «,  15.  The  President  shall  call  into  the  service  of  the 

ch.  29.    '      Confederate  States  only  so  many  of  the  troops  herein 
tr^seto°be  provided  for  [4]  as  he  may  deem  the  safety  of  the 

called  into       .~        0    , 

wryice.        Confederacy  may  require. 

*  For  Articles  of  War,  see  Appendix. 


MILITARY    LAWS.  17 

16.  All  laws  or  parts  of  laws  of  the  United  States,  gj^jg^ 
which  have  been  adopted  by  the  Congress  of  the  Con-  clause, 
federate  States,  repugnant  to  or  inconsistent  with  this 

act,  are  hereby  repealed. 

17.  That  in  all  cases  of  officers  who  have  resigned,  ^fll*' 
or  who  may  within  six  months  tender  their  resigna-  ^f^  d  v 
tions  from  the  Army  of  the  United  States,  and  who  s. officers. 
have  been  or  may  be  appointed  to  original  vacancies 

in  the  Army  of  the  Confederate  States,  the  commissions 
issued  shall  bear  one  and  the  same  date,  so  that  the 
relative  rank  of  officers  of  each  grade  shall  be  deter- 
mined by  their  former  commissions  in  the  United 
States  army,  held  anterior  to  the  secession  of  these 
Confederate  States  from  the  United  States. 

18.  That   every   officer,   non-commissioned   officer,  ibid,  §6. 
musician,  and  private  shall  take  and  subscribe  the  fol- 
lowing oath  or  affirmation,  to  wit :  "  I,  A.  B.,  do  solemn-  Military 
ly  swear  or  affirm  (as  the  case  may  be)  that  while  I 
continue  in  the  service  I  will  bear  true  faith  and  yield 
obedience  to  the  Confederate  States  of  America,  and 

that  I  will  serve  them  honestly  and  faithfully  against 
their  enemies,  and  that  I  will  observe  and  obey  the 
orders  of  the  President  of  the  Confederate  States,  and 
the  orders  of  the  officers  appointed  over  me,  according 
to  the  Eules  and  Articles  of  War." 

19.  That  all  laws  and  parts  of  laws  militating  against  ibid,  §7. 
this  act,  be  and  the  same  are  hereby  repealed.  clause!"12 

20.  That  the  President  be  authorized  to  assign  offi-  Mayi6,is6i 
cers  of  the  Army  of  the  Confederate  States  to  staff  staff  duty' 
duty  with  volunteers  or  provisional  troops,  and  to  con-  tleroi°pro- 
fer  upon  them,  whilst  so  employed,  the  rank  corres-  troops! 
ponding  to  the  staff  duties  they  are  to  perform. 

21.  That  the  third  section  of  the  act  entitled  "An  Aug.  3,i86i 
act  to  make  further  provision  for  the  public  defence,"  AmendinR 

act  of  Mav 

approved  May  11,  1861  [118],  be  amended  by  striking  u,i86i,  go. 
out  of  said  section  the  words  "  detailed  from  the  regu- 
lar army  ;"  and  further,  that  the  ninth  section  of  the 
act  entitled  "  An  act  to  increase  the  military  establish- 
ment of  the  Confederate  States,"  and  to  amend  the 
"act  for  the  establishment  and  organization  of  the 
Army  of  the  Confederate  States  of  America,"  approved 

9 


18 


DIGEST    OF 


Staff  ap- 
pointments 
from  civil 
life.     E 


Aug.  31, 1861 
ch.  66. 

Civilians  ap- 
pointed to 
staff  of  gen- 
erals. 


March  25, 
1862,  ch.  9. 
Staff  of  a 
general  at 
seat  of  gov- 
ernment. 


May  21,  1861 
ch.  41. 
Rank  and 
command 
for  service 
with   volun- 
teer troops. 


Dec.  31,1861 
ch.  30. 
Rank  and 
command 
upon  officers 
on  duty  in 
certain  bu- 
reaus. 


May  16,  1861  [20],  be  amended  by  adding  thereto  the 
following  clause  :  "  And  that  the  President  may,  in  his 
discretion,  upon  the  application  and  recommendation 
of  a  major-general  or  brigadier-general,  appoint  from 
civil  life  persons  to  the  staff  of  such  officer,  who  shall 
have  the  same  rank  and  pay  as  if  appointed  from  the 
Army  of  the  Confederate  States." 

22.  That  the  President  may,  in  his  discretion,  upon 
the  application  and  recommendation  of  a  general  of 
the  Confederate  States  army,  appoint  from  civil  life 
persons  to  the  staff  authorized  by  law  of  such  officer, 
who  shall  have  the  same  rank  and  pay  as  if  appointed 
from  the  Army  of  the  Confederate  States. 

23.  That  whenever  the  President  shall  assign  a  gen- 
eral to  duty  at  the  seat  of  government,  the  said  gen- 
eral shall  be  entitled  to  the  following  staff,  to  wit :  A 
military  secretary,  with  the  rank  of  colonel ;  four  aides- 
de-camp,  with  the  rank  of  major ;  and  such  clerks,  not 
to  exceed  four  in  number,  as  the  President  shall,  from 
time  to  time,  authorize.  The  pay  and  allowance  of 
the  military  secretary  and  aides-de-camp  shall  be  the 
same  as  those  of  officers  of  cavalry  of  like  grade  [71]  ; 
and  the  salaries  of  the  clerks  shall  not  exceed  twelve 
hundred  dollars  per  annum  for  each.f  Such  offices, 
office  furniture,  fuel,  and  stationery  shall  be  provided 
for  the  said  general  as  the  duties  of  his  office  may  ren- 
der necessary,  to  be  paid  for  out  of  the  appropriation 
for  the  contingent  expenses  of  the  "War  department. 

24.  That  the  President  shall  be  authorized  to  confer 
temporary  rank  and  command,  for  service  with  volun- 
teer troops,  on  officers  of  the  Confederate  army ;  the 
same  to  be  held  without  prejudice  to  their  positions  in 
said  army,  and  to  have  effect  only  to  the  extent  and 
according  to  the  assignment  made  in  general  order. 

25.  That  the  above  entitled  act  [24]  be  so  amended 
that,  in  addition  to  the  power  therein  granted,  the 
President  of  the  Confederate  States  be  and  he  is  here- 
by authorized  to  confer  temporary  rank  and  command 
upon  officers  of  the  Confederate  army  on  duty  in  the 


:  See  "  Salaries  "  in  Appendix. 


MILITARY    LAWS.  19 

several  bureaus  of  the  Adjutant  and  Inspector-General, 
Chief  of  Engineers,  and  Chief  of  Ordnance,  to  cease 
at  the  end  of  the  war;  the  same  to  be  held  without 
prejudice  to  the  positions  in  said  army. 

II.  Adjutant  and  Inspector-General's  Depart- 
ment. 

26.  That  the  Adjutant  and  Inspector-General's  de-  Feb. 26,i86i 
partment  shall  consist  of  one  adjutant  and  inspector-  officers  and 
general  with  the  rank  of  colonel,*  four  assistant  ad-  rank' 
jutants-general    with   the  rank  of  major,   and   four 
assistant  adjutants-general  with  the  rank  of  captain. 

27.  That  the  Adjutant  and  Inspector-General's  de-  March  14, 
partment  shall  consist  of  two  assistant  adjutants-gen-  41. 
eral  with  the  rank  of  lieutenant-colonel,  two  assistant  Ranged, 
adjutants-general  with  the  rank  of  major,  and  four 
assistant  adjutants-generals  with  the  rank  of  captain. 

28.  That  the  first  section  of  the  act  entitled  "  An  Oct.  8, 1862 
act  for  the  organization  of  the  staff  departments  of  officer's  in- 
the  Army  of  the  Confederate  States  of  America,"  ap-  creased- 
proved  March  fourteenth,  eighteen  hundred  and  sixty- 
one  [27],  be  amended  by  adding  to  the  Adjutant  and 
Inspector-General's   department  one    assistant   adju- 
tant-general with  the  rank  of  colonel. 

29.  For  the  Office  of  the  Adjutant-General —  Aug.29,is6i 

ch.  46. 

One  clerk  at  the  ratef  of  twelve  hundred  dollars  per  clerical 
annum ;  one  clerk  at  the  rate  of  one  thousand  dollars 
per  annum;  one  clerk  at  the  rate  of  eight  hundred 
dollars  per  annum  ;  for  whose  payment,  from  eigh-  ' 
teenth  of  August,  eighteen  hundred  and  sixty-one,  to 
the  eighteenth  of  February,  eighteen  hundred  and 
sixty-two,  there  is  hereby  appropriated  the  sum  of 
fifteen  hundred  dollars. 

III.  Quartermaster-General's  Department. 
[See  XV  Prov.  Army,  202  et  seq.~] 

30.  That  the  Quartermaster-General's  department  Feb.  26,i86i 
shall  consist  of  one  quartermaster-general  with  the  officers; 
rank  of  colonel  [32],  six  quartermasters  with  the  rank  duntLand 

*  Brigadier-general  may  be  assigned,  6. 

f  See  "  Salaries,"  in  Appendix.    For  other  clerks,  see  555,  557.    For  appoint- 
ment of  assistant  adjutants-general  for  volunteer  forces,  see  98. 


20 


DIGEST    OF 


March  14, 
1861,23, 
ch.  41. 
Organiza- 
tion amend- 
ed. 


March  20. 
1863.  ch.  8. 
Rank,  pay, 
etc.,  of  quar- 
termaster- 
.  general. 


May  16, 1S61 
H.'ch.  20. 
Officers  in- 
creased. 


March  6, 
1861,  g  27, 
ch.  29. 
Bonds. 


Ibid.  g  28. 
Purchase 
and  sale  of 
certain  arti- 
cles prohib- 
ited. 


of  major;  and  as  many  assistant  quartermasters  as 
may  from  time  to  time  be  required  by  the  service  may 
be  detailed  by  the  War  departmenb  from  the  subal- 
terns of  the  line,  who,  in  addition  to  their  pay  in  the 
line,  shall  receive  twenty  dollars  per  month  while 
engaged  in  that  service.  The  quartermasters  herein 
provided  for  shall  also  discharge  the  duties  of  pay- 
masters, under  such  regulations  as  may  be  prescribed 
by  the  Secretary  of  War. 

31.  That  the  Quartermaster-General's  department 
shall  consist  of  one  quartermaster-general  with  the 
rank  of  colonel  [32],  one  assistant  quartermaster-gen- 
eral with  the  rank  of  lieutenant-colonel,  four  assistant 
quartermasters  with  the  rank  of  major,  and  such  other 
officers  in  that  department  as  are  already  provided  by 
law. 

32.  That  from  and  after  the  passage  of  this  act,  the 
rank,  pay,  and  allowances  attached  to  the  office  of 
Quartermaster-General  of  the  Army  of  the  Confeder- 
ate States  shall  be  those  of  a  brigadier-general  in  the 
Provisional  Army. 

33.  That  there  be  added  to  the  Quartermaster-Gen- 
eral's department  one  assistant  quartermaster-general 
with  the  rank  of  lieutenant-colonel,  and  two  quarter- 
masters with  the  rank  of  major ;  and  to  the  Commis- 
sary-General's department  one  assistant  commissary 
with  the  rank  of  major,  and  one  assistant  commissary 
with  the  rank  of  captain ;  and  to  the  Medical  depart- 
ment six  surgeons  and  fourteen  assistant  surgeons. 

34.  All  officers  of  the  Quartermaster's  and  Commis- 
sary departments  shall,  previous  to  entering  on  the 
duties  of  their  respective  offices,  give  bonds,  with  good 
and  sufficient  sureties,  to  the  Confederate  States,  in 
such  sum  as  the  Secretary  of  War  shall  direct,  fully  to 
account  for  all  moneys  and  public  property  which 
they  may  receive. 

35.  Neither  the  Quartermaster-General,  the  Commis- 
sary-General, nor  any  or  either  of  their  assistants, 
shall  be  concerned,  directly  or  indirectly,  in  the  pur- 
chase or  sale  of  any  articles  intended  for,  making  a 
part  of,  or  appertaining  to  public  supplies,  except  for 
and  on  account  of  the  Confederate  States;  nor  shall 


MILITARY    LAWS. 


21 


they,  or  either  of  them,  take  or  apply  to  his  or  their 
own  use  any  gain  or  emolument  for  negotiating  any 
business  in  their  respective  departments,  other  than 
what  is  or  may  be  allowed  by  law  [215  to  220]. 

36.  For  the  Office  of  the  Quartermaster-Gen-  Ang.29,i86i 
eral  three  additional  clerks  at  twelve  hundred  dollars  clerical 

force. 

each  per  annum,*  three  additional  clerks  at  one 
thousand  dollars  each  per  annum;  for  whose  pay- 
ment, from  eighteenth  of  August,  eighteen  hundred 
and  sixty-one,  to  the  eighteenth  of  February,  eighteen 
hundred  and  sixty-two,  there  is  hereby  appropriated 
the  sum  of  three  thousand  and  three  hundred  dollars. 

37.  That  the  Secretary  of  War  be  and  he  is  hereby  fggf^.^ 
authorized  to  appoint  eight  additional  clerks  in  the  ^™nal 
Bureau  of  the  Quartermaster-General  at  the  following  ^Pensa- 
rates  of  compensation,  to  wit  :*  two  at  the  rate  of  fif- 
teen hundred  dollars  per  annum,  two  at  the  rate  of 
twelve  hundred  dollars  per  annum,  and  four  at  the 

rate  of  one  thousand  dollars  per  annum :  Provided, 
that  no  person  now  by  law  subject  to  military  duty 
shall  be  appointed. 

IV.  Subsistence  Department. 
\_See  XV  Prov.  Army,  202  et  seq_.~\ 

38.  That  the   Commissary-General's   department^  I'^'i??1 
shall  consist  of  one  commissary-general  with  the  rank  0®£e™  ;d 
of  colonel,  four  commissaries  with  the  rank  of  captain;  duties, 
and  as  many  assistant  commissaries  as  may  from  time 

to  time  be  required  by  the  service  may  be  detailed  by 
the  War  department  from  the  subalterns  of  the  line, 
who,  in  addition  to  their  pay  in  the  line,  shall  receive 
twenty  dollars  per  month  while  engaged  in  that  ser- 
vice. The  assistant  quartermasters  and  assistant 
commissaries  shall  be  subject  to  duties  in  both  depart- 
ments at  the  same  time,  but  shall  not  receive  the  ad- 
ditional compensation  but  in  one  department. 

39.  That  the  Commissary-General's  department  shall  ^unf' 
consistf  of  one  commissary -general  with  the  rank  of  cb-41. 


*  See  "  Salaries,"  in  Appendix.    For  other  clerks,  see  555,  557. 

f  Officers  to  give  bonds,  34.  Not  to  be  concerned  in  purchase  of  supplies,  etc., 
except  on  account  of  Confederate  States,  35,  215,  et  seq.  For  additional  officers, 
*ee  33. 


Organiza- 
tion amend- 
ed. 


22  DIGEST    OF 

colonel,  one  commissary  with  the  rank  of  lieutenant- 
colonel,  one  commissary  with  the  rank  of  major, 
and  three  commissaries  with  the  rank  of  captain ; 
and  as  many  assistant  commissaries  as  may  from 
time  to  time  be  required  by  the  service  may  be  de- 
tailed by  the  War  department  from  the  subalterns 
of  the  line,  who,  in  addition  to  their  pay  in  the  line, 
shall  receive  twenty  dollars  per  month  while  engaged 
in  that  service. 
Auus;a29'1861      40.  For  the  Office  of  the  Commissary-General, 

ch.  46.  ' 

clerical         for  two  clerks  at  the  rate*  of  twelve  hundred  dollars 

force. 

each  per  annum;  for  whose  payment,  from  eighteenth 
of  August,  eighteen  hundred  and  sixty-one,  to  the 
eighteenth  of  February,  eighteen  hundred  and  sixty- 
two,  there  is  hereby  appropriated  the  sum  of  twelve 
hundred  dollars. 

V.  Medical  Department. 

[See  XV  Prov.  Army,  202  et  seq.,  also  Hospitals,  406 

et  seq.~] 

Feb. 26,1861,       41.  That  the  Medical  department  shall  consist  of 
2  5.  ch.17.  .  ,       ,  .        _        ,        ,      . 

sm-geon-       one  surgeon-general  with  the  rank  01  colonel,  lour 

assistant  surgeons  with  the  rank  of  major,  and  six  assistant 
surgeons  with  the  rank  of  captain  [dd] ;  and  as  many 
assistant  surgeons  as  the  service  may  require  may  be 
employed  by  the  Department  of  War,  and  receive  the 
pay  [72]  of  assistant  surgeons. 

^ayl6'!861'       42.  That  there  may  be  enlisted  for  the  medical  de- 

g  7,  ch.  20.  J 

Hospital        partment  of  the  army,  for  the  term  already  provided 

stewards.         r  J  '  J    * 

by  law  for  other  enlisted  men,  as  many  hospital  stew- 
ards as  the  service  may  require,  to  be  determined  by 
the  Secretary  of  War,  under  such  regulations  as  he 
may  prescribe,  and  who  shall  receive  the  pay  and 
allowances  of  a  sergeant-major  [75]. 
Aug.  2, 1861.       43.  That  the  Secretary  of  War  shall  forthwith  ap- 
in  charge  of  point  a  clerk  in  the  office  of  the  Surgeon-General,  to 
piTes-  a  sup   take  charge  of  all  hospital  supplies  and  other  articles 
which  may  be  contributed  for  the  use  of  the  sick  and 
wounded,  and  the    same  to  dispose  of,  according  to 
the  wishes  of  the  contributoi-s,  under  the  direction  of 

*See  "Salaries,"  in  Appendix.    For  other  clerks,  see  555,  557. 


MILITARY    LAWS. 


23 


the  medical  department  of  the  army — the  salary*  of 
the  said  clerk  not  to  exceed  one  thousand  dollars; 
and  the  said  clerk  shall  be  authorized,  under  the  direc- 
tion of  the  Surgeon-General,  to  procure  and  fit  up  a 
proper  place  for  the  safe-keeping  and  proper  disposal 
of  the  said  articles. 

VI.  Cadets. 

44.  That  until  a  military  school  shall  be  established  Mayie,  i86i 
for  the  elementary  instruction  of  officers  for  the  army,  Appoint-  ' 
the  President  shall  be  authorized  to  appoint  cadets  edforv 
from  the  several  states,  in  number  proportioned  to  their 
representation  in  the  House  of  Bepresentatives,  and 

ten  in  addition,  to  be  selected  by  him  at  large  from  the 
Confederate  States,  who  shall  be  attached  to  compa- 
nies in  service  in  any  branch  of  the  army,  as  supernu- 
merary officers,  with  the  rank  of  cadet,  who  shall 
receive  the  monthly  pay  of  forty  dollars  [77],  and  be 
competent  for  promotion  at  such  time  and  under  such 
regulations  as  may  be  prescribed  by  the  President,  or 
hereafter  establish  ed  by  law. 

VII.  Military  Storekeepers. 
[See  286.] 

45.  That  the  President  be  authorized  to  appoint  as  Mayie,  i86i 

-^  r  §5,  ch.  20. 

many  military  storekeepers,  with  the  pay  and  allow-  Number  and 
ances  of  a  first  lieutenant  of  infantry  [70],  as  the  safe- 
keeping of  the  public  property  may  require,  not  to 
exceed  in  all  six  storekeepers. 

46.  That  the  President  be  and  he  is  hereby  author-  ffiib1'™1 
ized  to  appoint,  in  addition  to  the  storekeepers  author-  Military 

,    •,  storekeepers 

ized  by  the  fifth  section  of  the  act  of  May  sixteen,  of  ordnance, 
eighteen  hundred  and  sixty-one,  "  for  the  establish- 
ment and  organization  of  the  Army  of  the  Confeder- 
ate States,"  as  many  military  storekeepers  of  ordnance, 
with  the  pay  and  allowances  of  a  captain  of  infantry 
[70],  as  the  safe-keeping  of  the  public  property  may 
require,  not  to  exceed  in  all  four  storekeepers,  who 
shall,  previous  to  entering  on  duty,  give  bonds,  with 

*See  "Salaries,"  in  Appendix.    For  other  clerks,  see  555  and  557, 


DIGEST    OF 


good  and  sufficient  security,  in  such  sums  as  the  Sec- 
retary of  War  may  direct,  fully  to  account  for  all 
moneys  and  public  property  which  they  may  receive. 


Aug.  21, 1861 
I  3,  cb.  34. 
Superin- 
tendents. 


Master  ar- 
murers. 


April  19, 
1862,  ch.  50. 
President 
may  in- 
crease sala- 
ries of  mas- 
ter armorers 


Jan.  30, 1864 
ch.  19. 
Salary  of 
master  ar- 
morer at 
Richmond 
increased. 


VIII.  Armories. 

[For  enlistment  of  Master  Armorers,  etc.,  etc.,  for  ordnance 

service,  see  76.] 

47.  That  the  President  he  and  he  is  hereby  author- 
ized, whenever  in  his  judgment  the  interests  of  the 
service  may  require,  and  where  officers  of  the  army 
can  not  be  assigned  to  these  duties,  to  appoint  one  or 
more  superintendents  of  armories  for  the  fabrication 
of  small-arms  [388  et  seq.~\,  whose  salary  shall  not  ex- 
ceed two  thousand  five  hundred  dollars  per  annum, 
with  allowance  for  quarters  and  fuel  at  the  rate  fixed 
for  a  major  in  the  army.  And  that  the  President  be 
also  authorized  to  appoint  two  or  more  master  armor- 
ers, with  a  salary  not  to  exceed  fifteen  hundred  dol- 
lars [48]  per  annum,  with  allowance  of  quarters  and 
fuel  at  the  rate  fixed  for  a  captain  in  the  army. 

48.  That  section  third  of  an  act  entitled  "  An  act  to 
increase  the  corps  of  artillery  and  for  other  purposes," 
approved  August  21,  1861  [47],  bo  so  amended  as  to 
authorize  the  President  to  increase  the  salaries  of 
master  armorers,  or  any  of  them,  to  a  sum  not  exceed- 
ing two  thousand  dollars  per  annum. 

49.  That  the  master  armorer  of  the  Confederate 
States  Armory  at  Eichmond,  Virginia,  shall  hereafter 
receive  a  salary  of  three  thousand  dollars  per  annum, 
from  the  time  of  the  passage  of  this  act,  with  allow- 
ances for  quarters  and  fuel  of  a  captain  of  infantry. 


IX.  Engineers. 

[/See  Engineers  Prov.  Army,  254.] 

March  6,  50.  The  corps  of  engineers  shall  consist  of  one  colo- 

ch.29.  '       nel,  four  majors,  five  captains,  and  one  company  of 

ized.  sappers,  miners,  and  pontoniers,  which  shall  consist  of 

ten  sergeants  or  master-workmen,  ten  corporals  or 

overseers,  two  musicians,  and  thirty-nine  privates  of 

the  first-class  or  artificers,  and  thirty-nine  privates  of 


MILITARY    LAWS.  iiO 

the  second-class  or  laborers,  making  in  all  one  hun- 
dred. 

51.  The  said  company  shall  be  officered  by  one  cap-  ™d,§3. 
tain  of  the  corps  of  engineers,  and  as  many  lieuten-  sappers,  mi- 

-1-  °  '  "  ners,  and 

ants,  to  be  selected  by  the  President  from  the  line  of  pontoniers. 
the  army,  as  he  may  deem  necessary  for  the  service, 
and  shall  be  instructed  in  and  perform  all  the  duties 
of  sappers,  miners,  and  pontoniers,  and  shall,  more- 
over, under  the  orders  of  the  Chief  Engineer,  be  liable 
to  serve,  by  detachments,  in  overseeing  and  aiding  la- 
borers upon  fortifications  or  other  works  under  the 
Engineer  department,  and  in  supervising  finished  for- 
tifications, as  fort-keepers,  preventing  injury,  and  mak- 
ing repairs. 

52.  It  shall  be  the  duty  of  the  colonel  of  the  engi-  J'fH;  , 

*  °        Duty  ot  colo- 

neer  corps  [551,  subiect  to  the  approval  of  the  Secre-  neiof  engi- 

*       ■-       JJ  "  x  x  neer  corps. 

tary  of  War,  to  prescribe  the  number,  quantity,  form, 
dimensions,  etc.,  of  the  necessary  vehicles,  arms,  pon- 
tons, tools,  implements,  and  other  supplies  for  the  ser- 
vice of  the  said  company  as  a  body  of  sappers,  miners, 
and  -pontoniers. 

58.  That  the  President  be  authorized  whenever,  in  Mayi6,i8ei 

;  g3,  ch.  20. 

his  judgment,  the   public  service   may  require  the  in-  Corps m- 
crease,  to  add  to  the  corps  of  engineers  one  lieutenant- 
colonel,  who  shall  receive  the  pay  and  allowances  of  a 
lieutenant-colonel  of  cavalry,  and  as  many  captains, 
not  exceeding  five,  as  may  be  necessary. 

54.  That  there  be  added  to  the  military  establish-  Mayi7,is6i 

J  1 1,  ch.  28. 

ment  of  the  Confederate  States  one  company  of  sap-  Company  of 

.  .  sappers  and 

pers  and  bombardiers,  to  consist  oi  one  captain,  two  bombardiers 
first  lieutenants,  one  second  lieutenant,  ten  sergeants 
or  master-workmen,  ten  corporals  or  overseers,  two 
musicians,  thirty-nine  privates  of  the  first-class,  and 
thirty-nine  privates  of  the  second-class,  who  shall  be 
instructed  in  and  perform  all  the  duties  of  sappers  and 
bombardiers,  and  shall,  moreover,  under  the  orders  of 
the  Chief  Engineer,  be  liable  to  serve,  by  detachments, 
in  overseeing  and  aiding  laborers  upon  fortifications 
or  other  works  under  the  Engineer  department,  and  in 
supervising  finished  fortifications,  as  fort-keepers,  pre- 
venting injury,  and  making  repairs. 


26  DIGEST    OF 

ibid,? 2.  55.  That  it  shall  be  the  duty  of  the  colonel  of  the 

Vehicles,  » 

tonSs'toois"     engineer  corps  [52],  subject  to  the  approval  of  the  Sec- 
etc.  retary  of  War,  to  prescribe  the  number,  quantity,  form, 

dimensions,  etc.,  of  the  necessary  vehicles,  arms,  pon- 
tons, tools,  implements,  and  other  supplies  for  the  ser- 
vice of  said  company  as  a  body  of  sappers  and  bom- 
bardiers. 

ibid,  §3.  5(5.  That  the  monthly  pay  of  the  captain  of  said  corn- 

pay  of  sap-  J  r  j  i 

persand        pany  shall  be  one  hundred  and  forty  dollars  ;  of  each 

bombardiers    L        ^  ■/■-.» 

first  lieutenant,  one  hundred  dollars ;  of  the  second 
lieutenant,  ninety  dollars;  of  the  sergeants,  thirty-four 
dollars  ;  of  the  corporals,  twenty  dollars;  of  the  mu- 
sicians, thirteen  dollars ;  of  the  first-class  privates,  sev- 
enteen dollars,  and  of  the  second-class  privates,  thirteen 
dollars.  And  the  said  commissioned  officers  shall  be 
rati°onsnand  entitled  to  the  same  allowances  as  all  other  commis- 
forage.  sioned  officers  of  the  army,  and  the  same  right  to  draw 

forage  for  horses  as  is  accorded  to  officers  of  like  rank 
in  the  engineer  corps;  and  the  enlisted  men  shall  re- 
ceive the  same  rations  and  allowances  as  are  granted 
to  all  other  enlisted  men  in  the  army. 
Aug.  29,1861      57.  For  the  Bureau  oe  Engineers — One  clerk  at* 

ch.  46. 

clerical  twelve  hundred  dollars,  one  clerk,  at  one  thousand 
bureau  of  dollars,  one  draughtsman  at  twelve  hundred  dollars; 
for  whose  payment,  from  the  eighteenth  of  August, 
eighteen  hundred  and  sixty-one,  to  the  eighteenth  of 
February,  eighteen  hundred  and  sixty-two,  there  is 
hereby  appropriated  the  sum  of  seventeen  hundred 
dollars. 

X.  Artillery. 
[See  XXI  Prov.  Army,  280  et  seq.~] 
March  6,  58-  The  corps  of  artillery,  which  shall  also  be  charged 

ch6129:5'  with  ordnance  duties,  shall  consist  of  one  colonel,  one 
i)z°edP.sorgan"  lieutenant-colonel,  ten  majors,  and  forty  companies  of 
artillerists  and  artificers ;  and  each  company  shall  con- 
sist of  one  captain,  two  first  lieutenants,  one  second 
lieutenant,  four  sergeants,  four  corporals,  two  musi- 
cians, and  seventy  privates.  There  shall  also  be 
one  adjutant,  to  be  selected  by  the  colonel  from  the 

*  See  -  Salaries  '•'  in  Appendix.    For  other  clerks,  see  555,  557. 


MILITARY    LAWS.  27 

first  lieutenants,  and  one  sergeant-major,  to  be  select- 
ed from  the  enlisted  men  of  the  corps.  The  President 
may  equip  as  light  batteries,  of  six  pieces  each,  such 
of  these  companies  as  he  may  deem  expedient,  not 
exceeding  four  in  time  of  peace. 

59.  That  there  be  added  to  the  corps  of  artillery,  Aug.2i.i86i 

£         r    §1,  ch.34. 

Confederate  States  army,  one  lieutenant-colonel  and  officers in- 
two  majors,  with  the  pay  and  allowances  authorized 
by  existing  laws  for  those  grades  respectively. 

60.  That  there  be  added   to   the  military  establish-  Mayie,i86i 

J  l  6,  ck.  20. 

ment  one  quartermaster-sergeant  for  each  regiment  Quarter- 

°  niaster-ser- 

of  cavalry  and  infantry,  and  one  ordnance-sergeant  geants  and 
for  each  military  post,  each  to  receive  the  pay  and  sergeants. 
allowances  of  a  sergeant-major,  according  to  existing 
laws  [75]. 

61.  That  the  number  of  ordnance-sergeants  author-  i^ch.  43. 
ized  by  section  six  of  [60]    "  An  act  to  increase  the  ^^? 
military  establishment  of  the  Confederate  States,"  etc.,  crI6fgeatsin'" 
approved  May  16,  1861,  be  so  increased  as  to  provide 

one  for  each  regiment  of  the  troops  now  or  hereafter 
received  in  the  service. 


XI.  Cavalry.* 

62.  The  regiment  of  cavalry  shall  consist  of  one  ^61^7' 
colonel,  one  lieutenant-colonel,  one  major,  and  ten  com-  ?■  ^ent 
panies,  each  of  which  shall  consist  of  one  captain,  one  organized, 
first  lieutenant,  two  second  lieutenants,  four  sergeants, 

four  corporals,  one  farrier,  one  blacksmith,  two  musi- 
cians, and  sixty  privates.  There  shall  also  be  one  ad- 
jutant and  one  sergeant-major,  to  be  selected  as  afore- 
said. 

63.  That  the  President  shall  be  authorized  to  raise  f. f* l\l861 

g  1,  en.  W. 

and  organize,  in  addition  to  the  present  military  es-  ^^1  Ad 
tablishment,  one  regiment  of  cavalry  and  two  regi-  diti°nai  tn- 
ments  of  infantry,  whenever  in  his  judgment  the  pub- 
lic service  may  require  such  an  increase,  to  be  organ- 
ized in  accordance  with  existing  laws  for  the  organi- 
zation of  cavalry  and  infantry  regiments,  and  to  be 


*  For  quartermaster-sergeants,  see  60.    For  allowance  for  use  of  horses,  and 
compensation  for  horses  killed  in  action,  see  95. 


28 


DIGEST    OF 


March  6, 
1861,'?  3, 
ch.  29. 
Regiments 
organized. 


Aug.  21. 1861 
I  5,  ch.  34. 
Company 
sergeants  in- 
creased. 


Feb.  17, 1864 
ch.  76. 
Ensign. 


March  6, 
1S61,  \  13, 
ch.  29. 
Brigadier- 
general. 
Aide-de- 
camp. 


Ibid,  1 14. 
Officers  of 
corps  of  en- 
gineers. 


entitled  to  the  same  pay  and  allowances  provided  for 
the  same  respectively. 

XII.  Infantry.* 

64.  Each  regiment  of  infantry  shall  consist  of  one 
colonel,  one  lieutenant-colonel,  one  major,  and  ten  com- 
panies; each  company  shall  consist  of  one  captain, 
one  first  lieutenant,  two  second  lieutenants,  four  ser- 
geants, four  corporals,  two  musicians,  and  ninety  pri- 
vates ;  and  to  each  regiment  there  shall  be  attached  one 
adjutant,  to  be  selected  from  the  lieutenants,  and  one 
sergeant-major,  to  be  selected  from  the  enlisted  men 
of  the  regiment. 

65.  That  hereafter  there  shall  be  allowed  one  addi- 
tional sergeant  to  each  company  in  the  service  of  the 
Confederate  States,  making,  in  all,  five  sergeants  per 
company,  who  shall  receive  the  same  pay  and  allow- 
ances as  are  provided  by  existing  laws  for  that  grade 
[75]. 

66.  That  there  shall  be  appointed  by  the  President, 
to  each  regiment  of  infantry  in  the  Army  of  the  Con- 
federate States,  an  officer  to  be  known  as  "  Ensign," 
with  the  rank,  pay,  and  allowances  of  a  first  lieuten- 
ant [70],  whose  duty  it  shall  be  to  bear  the  colors  of 
the  regiment,  but  without  right  to  command  in  the 
field. 

XIII.    PAY.f 

67.  The  pay  of  a  brigadier-general  shall  be  three 
hundred  and  one  dollars  per  month.  The  aide-de- 
camp of  a  brigadier-general,  in  addition  to  his  pay 
as  lieutenant,  shall  receive  thirty-five  dollars  per 
month. 

68.  The  monthly  pay  of  the  officers  of  the  corps  of 
engineers  shall  be  as  follows :  of  the  colonel,  two  hun- 

*  For  two  additional  regiments,  see  63. 

f  For  pay  of  officers  of  sappers  and  bombardiers,  see  56. 

For  additional  pay  to  subalterns  of  the  line  acting  as  assistant  quartermasters, 
see  30. 

For  additional  pay  to  subalterns  of  the  line  acting  as  assistant  commissaries: 
see  38. 

For  pay  of  armorers,  etc.,  see  47  et  seq. 

For  pay  and  allowances  due  deceased  soldiers,  see  338  et  seii- 

For  pay  of  Zouaves,  see  S3.    Of  engineers  and  engineer  troops,  265  et  :eq. 


J 15. 

Officers  of 


MILITARY    LAWS.  29 

dred  and  ten  dollars;  of  a  major,  one  hundred  and 
sixty-two  dollars ;  of  a  captain,  one  hundred  and  forty 
dollars ;  lieutenants  serving  with  the  company  of  sap- 
pers and  miners  shall  receive  the  pay  of  cavalry  offi- 
cers of  the  same  grade  [71,  265,  276]. 

69.  The  monthly  pay  of  the  colonel  of  the  corps  of  ™£e; 
artillery  shall  be  two  hundred  and  ten  dollars ;  of  a  artillery- 
lieutenant-colonel,  one  hundred  and  eighty -five  dol- 
lars; of  a  major,  one  hundred  and  fifty  dollars,  and 
when  serving  on  ordnance  duty,  one  hundred  and 
sixty-two  dollars;  of  a  captain,  one  hundred  and  thirty 
dollars ;  of  a  first  lieutenant,  ninety  dollars  ;  of  a  sec- 
ond lieutenant,  eighty  dollars;  and  the  adjutant  shall 
receive,  in  addition  to  his  pay  as  lieutenant,  ten  dol- 
lars per  month.     Officers  of  artillery  serving  in  the 

light  artillery,  or  performing,  ordnance  duty,  shall  re- 
ceive the  same  pay  as  officers  of  cavalry  of  the  same 
grade. 

70.  The  monthly  pay  of  the  officers  of  the  infantry  ibid.  ?16. 

J    l     J  J     Officers  of 

shall  be  as  follows :  of  a  colonel,  one  hundred  and  infantry, 
ninety-five  dollars;  of  a  lieutenant-colonel,  one  hun- 
dred and  seventy  dollars ;  of  a  major,  one  hundred 
and  fifty  dollars;  of  a  captain,  one  hundred  and  thirty 
dollars;  of  a  first  lieutenant,  ninety  dollars  ;  of  a  sec- 
ond lieutenant,  eighty  dollars;  the  adjutant,  in  addi- 
tion to  his  pay  as  lieutenant,  ten  dollars. 

71.  The  monthly  pay  of  the  officers  of  the  cavalry  Sid'^j 
shall  be  as  follows  :  of  a  colonel,  two  hundred  and  ten  cavalry, 
dollars;  of  a  lieutenant-colonel,  one  hundred  and 
eighty-five  dollars;  a  major,  one  hundred  and  sixty- 
two  dollars  ;  a  captain,  one  hundred  and  forty  dol- 
lars; a  first  lieutenant,  one  hundred  dollars;  a  second 
lieutenant,  ninety  dollars;    the  adjutant,  ten  dollars 

per  month,  in  addition  to  his  pay  as  lieutenant. 

72.  The  pay  of  the  officers  of  the  general  staff,  ex-  g^mdrtaff 
cept  those  of  the  medical  department,  shall  be  the 

same  as  that  of  officers  of  cavalry  of  the  same  grade. 

The  Surgeon-General  shall  receive  an  annual  salary  of  surgeon- 

^  ,y  general. 

three  thousand  dollars,  which  shall  be  in  full  of  all 
pay  and  allowances,  except  fuel  and  quarters.  The 
monthly  pay  of  a  surgeon  often  years'  service  in  that  surgeons. 


30 


DIGEST    OF 


Assistant 
surgeons. 


Ibid, \  19. 
Additional 
pay. 


Ibid,  I  20. 
Forage, 
fuel,  etc. 


Commuta- 
tion. 


Mileage. 


Ibid,  ?  22. 

Enlisted 

men. 


grade,  shall  be  two  hundred  dollars ;  a  surgeon  of  less 
than  ten  years'  service  in  that  grade,  one  hundred  and 
sixty-two  dollars;  an  assistant  surgeon  of  ten  years' 
service  in  that  grade,  one  hundred  and  fifty  dollars ; 
an  assistant  surgeon  of  five  years'  service  in  that 
grade,  one  hundred  and  thirty  dollars ;  and  an  assist- 
ant surgeon  of  less  than  five  years'  service,  one  hun- 
dred and  ten  dollars. 

78.  There  shall  be  allowed,  in  addition  to  the  pay 
hereinbefore  provided,  to  every  commissioned  officer, 
except  the  Surgeon-General,  nine  dollars  per  month 
for  every  five  years'  service;  and  to  the  officers  of  the 
Army  of  the  United  States,  who  have  resigned  or  may 
resign  to  be  received  into  the  service  of  the  Confeder- 
ate States,  this  additional  pay  shall  be  allowed  from 
the  date  of  their  entrance  into  the  former  service. 
There  shall  also  be  an  additional  monthly  allowance 
to  every  general  officer  commanding  in  chief  a  sep- 
arate army  actually  in  the  field,  of  one  hundred  dol- 
lars. 

74.  The  pay  of  officers,  as  hereinbefore  established, 
shall  be  in  fall  of  all  allowances,  except  forage,  fuel, 
quarters,  and  travelling  expenses  while  travelling 
under  orders.  The  allowance  of  forage,  fuel,  and 
quarters  shall  be  fixed  by  regulations,  and  shall  be 
furnished  in  kind,  except  when  officers  are  serving  at 
stations  without  troops  where  public  quarters  can  not 
be  had,  in  which  case  they  may  be  allowed,  in  lieu  of 
forage,  eight  dollars  per  month  for  each  horse  to  which 
they  may  be  entitled,  provided  they  are  actually  kept 
in  service  and  mustered,  and  quarters  may  be  com- 
muted at  a  rate  to  be  fixed  by  the  Secretary  of  War, 
and  fuel  at  the  market  price,  delivered.  An  officer 
when  travelling  under  orders  shall  be  allowed  mileage 
at  the  rate  of  ten  cents  per  mile. 

75.  The  monthly  pay  of  the  enlisted  men  of  the 
Army  of  the  Confederate  States  shall  be  as  follows : 
That  of  a  sergeant  or  master-workman  of  the  engi- 
neer corps,  thirty-four  dollars ;  that  of  a  corporal  or 
overseer,  twenty  dollars ;  privates  of  the  first-class  or 
artificers,  seventeen  dollars ;  and  privates  of  the  sec- 


MILITARY   LAWS.  31 

ond-class  or  laborers,  and  musicians,  thirteen  dollars. 
The  sergeant-major  of  cavalry,  twenty-one  dollars; 
first  sergeants,  twenty  dollars;  sergeants,  seventeen 
dollars ;  corporals,  farriers,  and  blacksmiths,  thirteen 
dollars;  musicians,  thirteen  dollars;  and  privates, 
twelve  dollars.  Sergeants-major  of  artillery  and  in- 
fantry, twenty-one  dollars;  first  sergeants,  twenty 
dollars  each;  sergeants,  seventeen  dollars;  corporals 
and  artificers,  thirteen  dollars;  musicians,  twelve  dol- 
lars; and  privates  eleven  dollars  each.  The  non-com- 
missioned officers,  artificers,  musicians,  and  privates 
serving  in  light  batteries  shall  receive  the  same  pay 
as  those  of  cavalry. 

76.  The  President  shall  be  authorized  to  enlist  as  ibid,  §23. 

Armorers, 

many  master  armorers,  master  carriage-makers,  mas-  carriage- 

iii-i  i  iii       makers,  etc., 

ter   blacksmiths,   armorers,    carriage-makers,    black-  for  ordnance 


service. 


smiths,  artificers,  and  laborers,  for  ordnance  service, 
as  he  may  deem  necessary,  not  exceeding  in  all  one 
hundred  men,  who  shall  be  attached  to  the  corps  of 
artillery.  The  pay  of  a  master  armorer,  master  car- 
riage-maker, master  blacksmith,  shall  be  thirty -four 
dollars  per  month;  armorers,  carriage-makers,  and 
blacksmiths,  twenty  dollars  per  month ;  artificers, 
seventeen  dollars,  and  laborers,  thirteen  dollars  per 
month. 

77.  That  the  pay  of  cadets  in  the  service  of  the  Oct.  13,1862 

r    J  ch.  54. 

Confederate  States  shall  be  the  same  as  second  lieu-  cadets. 
tenants  of  the  arm  of  service  to  which  they  are  at- 
tached [44]. 

XIV.  Bounty. 

[See  Bounty,  etc.,  Prod.  Army,  125  et  seq. ;  also  Privateers 
and  Prizes,  666,  670.] 

78.  There  shall  be  allowed  and  paid  to  every  able-  Mayi6,i86i 

l  J  §10,  ch.  20. 

bodied  man  who  shall  be  duly  enlisted  to  serve  in  the  oftendoi- 

lars. 

Army  of  the  Confederate  States,  a  bounty  of  ten  dol- 
lars; but  the  payment  of  five  dollars  of  the  said 
bounty  shall  be  deferred  until  the  recruit  shall  have 
been  mustered  into  the  regiment  in  which  he  is  to 
serve. 


32 


DIGEST    OF 


XV.    BATIONS  * 

[For  Hospital  Rations,  see  "Hospitals,"  416  et  seq.~] 

i86ich  a'24         79-  Eacl1  enlisted  man  of  tlie  Army  of  the  Confeder- 
ch.29.  one  ate  .States  shall   receive  one  ration  per   day,  and  a 

ration  per  x  ■'  ' 

day.  cloth-  yearly  allowance  of  clothing,  the  quantity  and  kind 
of  each  to  he  established  by  regulations  from  the  War 
department,  to  he  approved  by  the  President. 

80.  Eations  shall  generally  be  issued  in  kind;  but 
under  circumstances  rendering  a  commutation  neces- 
sary, the  commutation  value  of  the  ration  shall  be 
fixed  by  regulations  of  the  War  department,  to  be 
approved  by  the  President. 


Ibid,  l  25. 
In  kind. 
Commuta- 
tion. 


March  6, 
1861.    I  21, 
ch.  29. 
In  time  of 
war. 


In  time  of 
peace. 


Officers  not 
to  employ 
enlisted  men 
as  servants. 


May  21, 1861 
I  3,  ch.  38. 
To  aides-de- 
camp and 
adjutants. 


XVI.    PoRAGE.f 

81.  In  time  of  war,  officers  of  the  army  shall  be  en- 
titled to  draw  forage  for  horses  according  to  grade, 
as  follows:  A  brigadier-general,  four;  the  adjutant 
and  inspector-general,  quartermaster-general,  commis- 
sary-general, and  the  colonels  of  engineers,  artilleiy, 
infantry,  and  cavalry,  three  each;  all  lieutenant- 
colonels  and  majors,  and  captains  of  the  general  staff, 
engineer  corps,  light  artillery  and  cavalry,  three 
each;  lieutenants  serving  in  the  corps  of  engineers, 
lieutenants  of  light  artillery  and  of  cavalry,  two  each. 
In  time  of  peace:  general  and  field-officers,  three; 
ofScers  below  the  rank  of  field-officers  in  the  general 
staff,  corps  of  engineers,  light  artillery  and  cavalry, 
two  :  Provided,  in  all  cases,  that  the  horses  are  actually 
kept  in  service  and  mustered.  No  enlisted  man  in 
the  service  of  the  Confederate  States  shall  be  em- 
ployed as  a  servant  by  any  officer  of  the  army. 

82.  That  the  twenty-first  section  [81]  of  the  act  for 
the  organization  of  the  Army  of  the  Confederate 
States  be  so  amended  as  to  allow  to  aides-de-camp 
and  to  adjutants  forage  for  the  same  number  of  horses 


*  Officers  of  army  and  navy  entitled  to  draw  one  ration.    See  238. 
Officers  not  allowed  to  purchase  more  than  one  ration  a  day.    See  239. 
For  allowance  of  tobacco  ration,  see  241. 
-\  Chaplains  entitled  to  draw  forage,  253, 

Officers  not  on  service  in  the  field,  under  rank  of  brigadier -general,  to  draw 
forage  for  only  one  horse.    See  240. 


MILITARY    LAWS. 


33 


as  allowed  to  officers  of  the  same  grade  in  the  mount- 
ed service. 

XVII.  Zouaves. 
83.  That  there  shall  be  added  to  the  military  estab-  May  4,  isei 
lishment  of  the  Confederate  States  one  regiment  of  Regiment 

°  organized. 

Zouaves,  to  be  composed  of  one  colonel,  one  lieutenant- 
colonel,  one  major,  and  ten  companies ;  and  each 
company  shall  consist  of  one  captain,  one  first  lieuten- 
ant, two  second  lieutenants,  one  sergeant-major,  one 
quartermaster's  sergeant,  four  sergeants  and  eight 
corporals,  and  ninety  privates.  And  to  the  regiment 
there  shall  be  attached  one  adjutant  and  a  quarter- 
master, to  be  selected  from  the  lieutenants.  And  one 
assistant  surgeon  shall  be  appointed  for  the  regiment, 
in  addition  to  those  already  authorized  by  law  for  the 
medical  department.  The  monthly  pay  of  the  officers  Pay. 
of  the  regiment  of  Zouaves  shall  be  the  same  as  that 
of  officers  of  infantry  of  the  same  rank;  the  allow- 
ances shall  also  be  the  same  as  those  provided  by 
law  for  officers  of  infantry;  and  the  adjutant  and 
quartermaster  shall  receive  ten  dollars  per  month 
in  addition  to  their  pay  as  lieutenants.  The  monthly 
pay  of  the  enlisted 'men  of  said  regiment  of  Zouaves 
shall  bo  as  follows  :  sergeant-major  and  quartermas- 
ter's sergeants,  twenty  dollars ;  sei'geants,  seventeen 
dollars;  corporals,  thirteen  dollars,  and  privates, 
eleven  dollars  each  ;  together  with  the  same  rations 
and  allowance  for  clothing  as  are  received  by  all  other 
enlisted  men. 


IL-PRQVISIONAL  ARMY. 

I.  Forces  in  Service  of  the  several  States;  How  Received. 

84.  For  not  less  than  twelve  months,  unless  sooner  discharged. 

85.  By  companies,  battalions,  or  regiments. 

86.  Pay  and  allowances. 

87.  Troops  tendered  by  the  governors  of  states. 

II.  Militia  and  Military  Forces  of  the  Confederate  States,  and 
100,000  Volunteers  for  twelve  months. 

88.  President  authorized  to  employ  the  militia,  military,  and  naval 

forces  of  the  Confederate  States. 


DIGEST    OF 

89.  Militia  to  serve  for  six  months. 

90.  Term  of  militia  service  not  to  apply  to  men  furnished  by  the  states 

for  three  years  or  the  war. 

91.  Volunteers  ;  how  accepted. 

92.  Organization.     Appointment   of  commanding  officers  of  brigades 

and  divisions. 

93.  Organization  amended.     Lieutenant-generals. 

94.  Organization  further  amended. 

95.  Pay  and  allowances.     Horses  killed  in  action. 

96.  Battalion  officers.     Additional  second  lieutenant  to  each  company. 

Number  of  privates  to  a  company. 

97.  Two  field-officers  for  each  battalion  of  six  companies. 

98.  Assistant  adjutants-general. 

III.  Volunteers  for  the  "War. 

99.  President  authorized  to  receive  additional  volunteers. 

100.  How  accepted.     Officers. 

101.  Vacancies. 

102.  Forces  ;  how  organized. 

103.  Subaltern  of  the  line  assigned  as  adjutant. 

104.  Volunteers  accepted  singly. 

105.  Officers  ;  how  appointed  and  chosen. 

106.  Vacancies  in  the  ranks  may  be  filled  by  volunteers.     Recruiting. 

Transportation,  subsistence,  and  bounty. 

107.  Officers  appointed  to  raise  troops.     Muster,  pay,  etc.,  of  troops. 

108.  Commissions  of  officers  Whose  commands  are  fully  organized. 

109.  Volunteers  from  states  and  districts  in  occupation  of  the  enemy. 

110.  Appointment  of  major  and  brigadier-generals  and  other  officers, 

IV.  Volunteers  for  such  time  as  the  President  may  prescribe. 

111.  Preamble.     Reception  of  troops. 

112.  How  organized.     Allowances.     Service.     Enlistment  from    states 

not  of  the  Confederacy. 

113.  Commissions  of  officers.     Supernumerary  officer  to  each  company. 

V.  400,000  Volunteers  for  not  less  than  twelve  months,  nor  more 

THAN  THREE  YEARS. 

114.  Militia,  military,  and  naval  forces  of  the  Confederate  States  to  be 

employed.     400,000  volunteers  for  not  less  than  twelve  months, 
nor  more  than  three  years. 

115.  How  organized.     Pay  and  allowances. 

116.  Act;  how  construed. 

117.  Companies  with  less  than  the  minimum  number  of  men. 

VI.  Requisition  upon  the  States  for  Troops. 

118.  Troops  for  three  years  or  the  war. 

119.  How  proportioned  among  the  states. 

VII.  Bounty;  Furloughs;  Election  of  Company  Officers,  and 
other  Privileges. 

120.  Bounty  for  those  serving  three  years  or  for  the  war. 

121.  Furloughs  and  transportation.     Commutation. 

122.  Troops  entitled  to  the  benefit  of  the  act. 

123.  Reorganization    of  companies.     Election    of  officers.     Vacancies. 

State  troops  in  Confederate  States  service. 

124.  Provisions  of  Bounty  act  extended. 

125.  Date  of  rank  of  certain  officers. 

126.  Bounty  ;  when  payable. 

127.  Bounty  due  deceased  and  discharged  soldiers. 

128.  Bounty  of  one  hundred  dollars. 


MILITARY    LAWS. 


VIII.  Recruiting. 


35 


129.  For  three  years  or  the  war. 

130.  Detail  of  officers. 

131.  Companies  in  service  for  twelve  months.  Election  of  officers.  Pro- 

motion. 

132.  Detail  of  officers.     Bounty,  etc. 

133.  Regiments,  etc.,  reorganized. 

134.  Companies  organized  by  re-enlisted  twelve  months'  volunteers. 

135.  When  companies  may  be  united. 

136.  Rules. 

137.  Officers  to  raise  volunteers  from  Kentucky,  Missouri,  Maryland,  or 

Delaware. 

138.  Recruiting  stations  for  volunteers  from  Kentucky,  Missouri,  Mary- 

land, and  Delaware. 

139.  Officers  to  raise  and  command  companies  of  such  volunteers. 

140.  Organization  of  companies. 

141.  Compensation  to  recruits. 

142.  Maryland  Line. 

IX.  Conscription. 

143.  Preamble.     All  white  men  between  eighteen  and  thirty-five  years 

of  age.  Continuance  in  service  of  those  now  in  the  army.  Re- 
organization of  companies,  etc.  Furloughs.  Commutation. 
All  under  eighteen  and  over  thirty-five,  now  enrolled. 

144.  All  white  men  between  the  ages  of  thirty-five  and  forty-five.    Who 

to  be  first  called  out.  Disposition  of  those  called  into  service. 
Suspension  of  this  act  and  that  of  April  16,  1862,  in  certain 
localities. 

145.  Enrolment  of  conscripts  wherever   found.     State  military  organi- 

zations.    Suspension  of  this  act  in  certain  localities. 

146.  Companies,  etc.,  in  process  of  organization. 

147.  Officers  to  make  enrolment. 

148.  Assignment  of  persons  enrolled. 

149.  Seamen,  transfer  of. 

150.  Idem. 

151.  Reserves.     When  subject  to  the  Rules  and  Articles  of  War.     Re- 

serves, when  to  be  called  into  the  service;  organization;  elec- 
tion of  officers. 

152.  Bounty. 

153.  Private  arms  to  be  paid  for. 

154.  Substitutes. 

155.  Substitute  system  abolished. 

156.  Principals  liable  to  service. 

157.  Vacancies;  how  filled. 

158.  Idem. 

159.  Election  of  officers  of  regiments  composed   of  twelve  months  and 

war  companies  combined. 

160.  Rank  and  file  to  each  company. 

161.  Privilege  of  volunteering. 

162.  Regiments  or  battalions  organized  prior  to  October  1,  1862. 

163.  Regiments  or  battalions  organized  of  conscripts  in   states  west  of 

the  Mississippi  river. 

164.  To  elect  their  officers.       , 

165.  Infantry  raised  prior  to  December  1,  1862,  in  Middle  and  West 

Tennessee. 

166.  Of  all  white  men  between  seventeen  and  fifty. 

167.  Present  organization  to  be  preserved. 

168.  Persons  heretofore  discharged.     Persons  who  have  furnished  sub- 

stitutes. 

169.  Time  and  places  of  enrolment. 

170.  Voluntary  organizations.     Rendezvous. 

171.  Failure  to  attend  at  rendezvous. 

172.  Employees  of  Quartermaster  and  Commissary  departments,  etc. 

173.  Penalty  for  violating  provisions  of  foregoing  section. 


DIGEST    OF 

174.  Details. 

175.  Local  boards  of  surgeons. 

X.  Camps  of  Instruction. 

176.  Established. 

XL  Employment  of  Negroes. 

177.  Male   free  negroes.     Rations,  clothing,  and   compensation.     Ex- 

emptions. 

178.  Male  negro  slaves.     Rations,  clothing,  and  wages.     In  ease  of  loss 

of  slave. 

179.  When  male  slaves  may  be  impressed. 

XII.  Exemption. 

180.  What  persons  are  exempted. 

181.  Officers  of  the  Confederate  and  State  governments.     State  troops. 

Railroad,  telegraph,  and  boat  employees.  Printers  and  pub- 
lishers of  newspapers.  Ministers  of  religion  and  others.  Phy- 
sicians. Mechanics.  Proviso.  Superintendents  of  hospitals 
and  others.  Apothecaries.  Teachers.  Employees  for  the 
manufacture  of  arms,  etc.  Proviso.  Shipbuilders.  Miners 
of  salt,  iron,  and  lead.  Stock-raisers.  Owners  or  overseers 
on  plantations  of  twenty  negroes.     Duration  of  exemptions. 

182.  Repeal  of  Exemption  act  of  April  21,  1862. 

183.  Repeal  of  so  much  of  the  act  of  October  11,  1862,  as  relates  to  the 

exemption  of  persons  on  plantations. 

184.  Por  the  police  and  management  of  slaves. 

185.  Por  the  production  of  grain  and  provisions. 

186.  State  officers  exempted  by  the  governor. 

187.  Mail  contractors. 

188.  Drivers  of  mail-coaches,  etc. 

189.  Repeal  of  former  laws.     Who  exempt  from  service.     Persons  unfit 

for  service.  Certain  Confederate  and  State  officers.  Ministers 
of  religion,  editors,  etc.,  etc.  Overseers,  etc.  Exemption  or 
details  for  production  of  grain  or  provisions.  Officers  and  em- 
ployees of  certain  railroad  companies.     Mail  contractors. 

XIII.  Rendezvous. 

190.  For  examination  of  persons  enrolled. 

191.  Board  of  examination. 

192.  Absence  of  enrolled  persons  on  account  of  sickness. 

XIV.  Local  Defence  and  Special  Service. 

193.  Defence  of  exposed  localities. 

194.  Muster-roll  to  set  forth  the  services.     Pay. 

195.  How  organized.     Field-officers. 

196.  Companies  composed  of  persons  not  liable  to  military  duty.     Mus- 

ter-roll. Persons  of  any  age  in  certain  states  may  form  part 
of  such  companies.     Oath  of  allegiance. 

197.  Armed  vessels  for  seaboard  and  general  defence. 

198.  Corps  for  service  on  the  western  waters. 

199.  Floating  defences  for  Mississippi  river. 

200.  Appropriation  for  defence  of  Bay  of  Mobile. 

201.  Corps  for  defence  of  Bay  of  Mobile  and  Alabama  river. 

XV.  Quartermaster,  Commissary,  and  Medical  Departments. 

202.  Appointment  of  additional  officers  for  service  with  militia  or  vol- 

unteers. 

203.  Additional  quartermasters  and  commissaries  for  permanent  posts 

and  depots. 


MILITARY    LAWS.  «J7 

204.  Persons  liable  to  military  service  not  to  be  appointed  as  clerks. 

Details  for  service. 

205.  Date  of  rank  and  pay. 

206.  Settlement  of  claims. 

207.  Surgeons  for  hospitals. 

208.  Office  of  regimental  commissary  abolished. 

209.  Commissary-sergeants. 

210.  Supplies  ;  how  drawn  by  regimental  quartermasters  acting  as  com- 

missaries. 

211.  Sales  j  how  to  be  made. 

212.  Quartermasters  and  commissaries  permanently  detached. 

213.  Orders  to  be  issued  by  Secretary  of  War. 

214.  Repeal  of  conflicting  laws. 

215.  Public  moneys  not  to  be  invested  in  property  on  private  account, 

nor  loaned. 

216.  Officers  not  to  traffic  nor  speculate  in   articles  of  food,  clothing, 

materials  of  war,  etc. 

217.  Receipts  in  blank  prohibited.     What  receipts  shall  state. 

218.  Transportation  of  private  property. 

219.  Penalty  on  conviction  before  a  court-martial  or  military  court. 

220.  Indictment,  fine,  and  imprisonment.    Civil  remedy.  Peace  officers 

to  have  power  of  commitment,     Charge  to  grand  juries. 

XVI.  Supplies,  Clothing,  and  Provisions. 

221.  Volunteers  to  furnish  their  own  clothing. 

222.  Money  in  lieu  of  clothing. 

223.  Twenty-one  dollars  in  lieu  of  six  months'  clothing.  Price  of  cloth- 

ing received,  to  be  deducted. 

224.  Clothing  to  be  furnished  to  the  entire  forces  of  the  Confederate 

States.     Clothing  furnished  by  the  states  to  be  paid  for. 

225.  Clothing  ;  when  furnished  by  the  troops. 

226.  Law  providing  commutation   for  clothing.     Repealed.     Clothing 

in  kind. 

227.  Importation  of  machinery  and  materials  for  manufacture  of  cloth- 

ing or  shoes. 

228.  Machinery  may  be  worked,"or  leased,  or  sold. 

229.  Privileges  extended  to  companies  or  individuals. 

230.  Color  and  quality  of  clothing. 

231.  Detail  of  persons  for  manufacture  of  shoes. 

232.  Pay. 

233.  Militia ;  commutation  for  clothing. 

234.  Claims  for  commutation  ;  how  settled. 

235.  Purchase  of  steamer,  and  supplies  of  leather,  shoes,  etc. 

236.  Bread  in  lieu  of  flour.     Presh  vegetables. 

237.  Private  contributions. 

238.  Rations  to  officers. 

239.  Purchase  of  clothing  and'cloth. 

240.  Limitation  as  to  forage. 

241.  Rations  of  tobacco  for  enlisted  men. 

XVII.  Transportation. 

242.  Mileage  in  lieu  of  travelling  pay,  subsistence,  forage,  and  undrawn 

clothing.     Proviso. 

243.  For  persons  to  whom  furloughs  have  been  allowed. 

XVIII.  Cooks  and  Nurses. 

244.  Employment  of. 

245.  Appropriation. 

246.  Cooks  for  the  use  of  companies  ;  their  duties. 

247.  Cooks  may  be  white  or  black,  free  or  slave.     Pay. 

XIX.  Chaplains. 

248.  Appointment  of. 

249.  Pay. 


DIGEST    OF 

250.  Pay  reduced. 

251.  Rations. 

252.  Pay  and  rations. 

253.  Forage  allowed. 

XX.  Engineers  and  Engineer  Troops. 

254.  Appointment,  rank,  pay,  and  emoluments  of  officers  of  engineers. 

255.  Additional  officers. 

256.  Number  of  officers  in  each  grade  limited. 

257.  Additional  officers. 

258.  One  company  of  engineer  troops  for  each  division  of  infantry. 

259.  Of  what  to  consist. 

26.0.  Commissioned  officers.     Original  vacancies ;  how  filled. 

261.  Organization  into  regiments.     Field  and   staff  officers.     Original 

vacancies ;  how  filled. 

262.  Pontoniers. 

263.  "Wagons,  pontons,  tools,  arms,  etc. 

264.  Vacancies  in  established  regiments ;  how  filled. 

265.  Pay  of  officers. 

266.  Pay  of  enlisted  men. 

267.  Mounted  troops. 

268.  Quartermaster's  sergeants. 

269.  One  company  of  troops  from  every  twelve  regiments  of  infantry. 

270.  Of  what  to  consist. 

271.  Commissioned  officers.     Original  vacancies. 

272.  Organization  into  regiments. 

273.  Pontoniers. 

274.  Wagons,  pontons,  arms,  etc. 

275.  Vacancies  in  established  regiments. 

276.  Pay  of  officers. 

277.  Of  enlisted  men. 

278.  Mounted  troops. 

279.  Transfer  of  troops. 

XXI.  Artillery. 

280.  Light  artillery. 

281.  Heavy  artillery. 

282.  All  companies  of  light  and  heavy  artillery. 

283.  Officers  of  artillery. 

284.  Officers  increased.     Ordnance  duties. 

285.  Officers  further  increased  for  ordnance  duties. 

XXII.  Military  Storekeepers  op  Ordnance. 

286.  Appointment,  number,  and  pay. 

287.  First-class  to  give  bonds.     Eligibility. 

288.  Number  increased. 

XXIII.  Partisan  Rangers. 

289.  Officers  to  form  bands  of  partisan  rangers. 

290.  Pay,  rations,  etc.,  of  partisan  rangers. 

291.  Arms  and  munitions  of  war  captured. 

292.  Former  act  repealed.     Cavalry. 

293.  Merged  into  army  organization. 

294.  Certain  companies  excepted. 

XXIV.  Sharp-shooters. 

295.  Battalion  for  each  brigade.     How  armed  and  organized.     Officers. 

296.  Arms;  whence  obtained. 

XXV.  Pikemen. 

297.  Organization. 

298.  To  serve  as  infantry.   Vacancies  in  the  companies  armed  with  fire- 

arms. 

299.  Copies  of  this  act  to  be  furnished  to  every  general. 


300.  Corps  organized. 

301.  Corps  increased. 


MILITARY    LAWS.  89 

XXVI.  Signal  Corps. 

XXVII.  Drill-Masters. 


302.  Preamble.     Honorable  discharge. 

303.  For  camps  of  instruction  and  reserve  forces. 

XXVIII.  Buglers  and  Musicians. 

304.  Appointment  of. 

305.  Pay  of  colored  musicians. 

XXIX.  Disqualified,  Disabled,  and  Incompetent  Officers. 

306.  Examining  board.     Duties. 

307.  Decisions  of  the  board  and  report  of  its  proceedings. 

308.  Secretary  of  War's  approval.     President's  authority. 

309.  Monthly  reports  of  the  conduct  of  commissioned  officers. 

310.  Vacancies  j  how  filled,  where  officers  are  dropped  or  honorably  re- 

tired. 

XXX.  Invalid  Corps. 

311.  Retirement  or  discharge  of  persons  disabled  by  service. 

312.  Examination  before  medical  board. 

313.  Periodical  examination. 

314.  Assignment  to  suitable  duty. 

315.  Rules. 

316.  Vacancies. 

317.  Act  to  be  enforced. 

XXXI.  Retirement  of  Officers. 

318.  When  incompetent  or  without  commands. 

XXXII.  Drunkenness. 

319.  Penalty  for. 

320.  Report  of  cases.     Trial. 

321.  Findings  of  courts. 

322.  Jurisdiction   conferred  on  military  courts  and  general    courts- 

martial. 

323.  Any  citizen  may  report  violations  of  the  act. 

324.  Intemperate  habits.     Penalty. 

XXXIII.  Absence  without  Leave. 

325.  Soldiers  absent  without  leave  not  to  receive  pay. 

326.  Length  of  absence  to  be  stated  on  pay  and  inuster-rolls,  and  pay 

for  such  time  to  be  deducted. 

327.  Officers  to  certify  on  honor  as  to  absence.     Certificate  of  com- 

manding officers  of  companies. 
238.  As  to  other  penalties. 

XXXIV.  Punishment  by  Whipping  Prohibited- 

329.  Soldiers  not  to  be  punished  by  whipping. 

330.  Article  of  War  "twenty"  amended. 

XXXV.  Detailed  Soldiers  and  Transfer  of  Troops. 

331.  Pay  as  clerks  increased  to  one  dollar  per  day. 

332.  Pay  increased  to  three  dollars  per  day  in  lieu  of  rations  and  al- 

lowances. 


40  .  DIGEST    OF 

333.  Duration  of  the  act. 

334.  Extended. 

335.  Increase  of  pay. 

336.  Transfer  of  troops  to  regiments  from  their  own  states. 

337.  Transportation. 

XXXVI.  Pay  and  Allowances  due  Deceased  Soldiers. 

s. 

338.  To  whom  payment  shall  be  made. 

339.  Mode  of  payment. 

340.  When  payment  may  be  made  without  producing  pay-roll. 

341.  Claims  of  deceased  commissioned  officers. 

342.  Clerks  to  assist  in  settling  claims. 

343.  Clerks  to  be  employed  for  twelve  months. 

344.  Employment  continued  until  otherwise  provided  by  Congress. 

345.  State  agents. 

XXXVII.  Military  Courts. 

346.  On«e  to  each  army  corps.  <  To  consist  of  three  members.     Judge 

Advocate. 

347.  Provost  marshal  and  clerk.     Oath  of  members  and  officers  of  the 

court. 

348.  Rules  of  court. 

349.  Jurisdiction  of  each  court. 

350.  Courts  shall  attend  the  army.     Decisions  and  sentences. 

351.  Appointments  during  recess  of  Senate. 

352.  Additional  military  court  in  eaeh  department. 

353.  One  in  North  Alabama. 

354.  Additional  courts  for  divisions  of  cavalry,  and  for  each  state. 

355.  When  two  or  more  army  corps  are  united.     Jurisdiction. 

356.  Assignment  and  transfer  of  members  and  officers. 

357.  Jurisdiction  extended. 

358.  Transfer  of  judges. 

359.  Act;  when  to  take  effect. 

360.  Field-officers  may  be  detailed  as  members. 

361.  Summons  of  witnesses.     Penalty  for  disobeying  summons. 

362.  Pay  for  attendance  on  court. 

XXXVIII.  Indian  Troops. 

363.  Payment  for  services.     Allowance  in  lieu  of  clothing  ;  to  whom 

paid.    . 

364.  Accounts    of    acting    commissaries   and    quartermasters   of  said 

troops  ;  how  to  be  settled. 

365.  Articles  furnished  by  Jones  and  Thcbo  and  li.  M.  Jones. 

XXXIX.  Virginia  Militia. 

366.  Compensation  allowed  officers  for  period  of  actual  service. 

367.  Certificates  of  service  required. 

368.  Pay  of  staff  officers. 

369.  No  payments  to  be  made  in  certain  cases. 

XL.  Miscellaneous. 

370.  Twenty  general  officers. 

371.  General  for  trans-Mississippi  department. 

372.  Additional  lieutenant-generals. 

373.  Rank;  how  long  to  continue. 

374.  Adjutants  of  regiments  and  legions  of  the  grade  of  subaltern. 

375.  Adjutants  for  battalions  of  the  grade  of  subaltern. 

376.  Minors  may  be  commissioned. 

377.  Officers  or  soldiers  elected  to  certain  civil  offices. 

378.  Doss  of  muster-rolls.     Proof  of  service. 

379.  Oath  to  enable  sick  and.  other  soldiers  to'receive  pay. 


MILITARY    LAWS.  41 

380.  Army  intelligence-office. 

381.  Medals  and  badges. 

382.  Promotion  for  peculiar  value  or  skill. 

383.  Repeal  of  conflicting  laws. 

384.  Cavalry  equipments. 

385.  Horses  of,  purchased  by  order  of  Colonel  Angus  W.  McDonald. 

386.  Procuring   or   enticing    soldiers   to    desert.     Purchase   of  arms, 

clothing,  etc.,  from  soldiers. 

387.  Officers  or  privates  to  be  paid  for  performance  of  staff  duty. 

I.  Forces  in  Service  op  the  several  States  ;  How 
Eeceived. 

84.  That  the  President   be  authorized  to  receive  in-  jfob- ?8'„l861 

g  3,  ch.  22. 

to  the  service  of  this  government  such  forces  now  in  For  not  less 

a  than  twelve 

the  service  of  said  states  as  mav  be  tendered  or  who  months,  im- 

less  sooner 

may  volunteer,  by  consent  of  their  state,  in  such  num-  discharged, 
bers  as  he  may  require,  for  anytime  not  less   than 
twelve  months,  unless  sooner  discharged. 

85.  That  such  forces  may  be  received,  with  their  ihid,  34. 

^  '■  By  compa- 

officers,  by  companies,  battalions,  or  regiments,  and  nies,  battai- 
when  so  received  shall  form  a  part  of  the  Provis-  meuts. 
ional  Army  of  the  Confederate  States,  according  to  the 
terms  of  their  enlistment;  and  the  President  shall 
appoint,  by  and  with  the  advice  and  consent  of  Con- 
gress, such  general  officer  or  officers  for  said  forces  as 
may  be  necessary  for  the  service. 

86.  That  said  forces,  when  received  into  the  service  n>id,  §5. 

Pay  and  al- 

of  this  government,  shall   have  the  same  pay  and  al-  lowances. 
lowances  as  may  be  provided  by  law  for  volunteers 
entering  the  service,  or  for  the  Army  of  the   Confed- 
erate States  [67  to  77],  and  shall  be  subject  to  the 
same  rules  and  government. 

87.  That  the  President  be  and  he  is  hereby  author-  April 21, 

.  /  1862.  ch.  73. 

lzed  to  accept  the  services  of  any  companies,  squad-  Troops  ten- 

,  ,.  .  ,  .    ,     ,  ,  deredbythe 

rons,  battalions,  or  regiments  which  have  been  organ-  governors  of 
ized  and  are  now  in  service  under  the  authority  of  any 
of  the  states  of  the  Confederacy,  and  which  may  be 
tendered  by  the  governors  of  said  states,  with  an  or- 
ganization conforming  to  the  act  of  March  sixth,  A.D. 
eighteen  hundred  and  sixty-one,  "  to  provide  for  the 
public  defence  "  [91,  92,  95,  96]. 


42 


DIGEST    OF 


March  6, 
1861, 1 1, 
ch.  26. 
President 
authorized 
to  employ 
the  militia, 
military  and 
naval  forces 
of  the  Con- 
federate 
States. 


Volunteers 
for  twelve 
months. 


Ibid,  I  2. 
Militia  to 
serve  for  six 
months. 


Jan.  29,1862 
ch.  58. 
Term  of 
militia  ser- 
vice not  to 
apply  to  men 
furnished  by 
the  states 
for  three 
years  or  the 
war. 


March  6, 
1861,  I  5, 
ch.  26. 

"Volunteers  ; 
how  accept- 
ed. 


II.  Militia*  and  Military  Forces  of  the  Confeder- 
ate States,  and  100,000  Yoltjnteers  for  twelve 

MONTHS. 

88.  That  in  order  to  provide  speedily  forces  to  repel 
invasion,  maintain- the' rightful  possession  of  the  Con- 
federate States  of  America  in  every  portion  Of  terri- 
tory belonging  to  each  state,  and  to  secure  the  public 
tranquillity  and  independence  against  threatened  as- 
sault, the  President  be  and  he  is  hereby  authorized 
to  employ  the  militia,  military,  and  naval  forces  of  the 
Confederate  States  of  America,  and  to  ask  for  and 
accept  the  services  of  any  number  of  volunteers, 
not  exceeding  one  hundred  thousand,  who  may  offer 
their  services,  either  as  cavalry,  mounted  riflemen,  ar- 
tillery, or  infantry,  in  such  proportion  of  these  sever- 
al arms  as  he  may  deem  expedient,  to  serve  for  twelve 
months  [118]  after  they  shall  be  mustered  into  service, 
unless  sooner  discharged. 

89.  That  the  militia,  when  called  into  service  by 
virtue  of  this  act  or  any  other  act,  if  in  the  opinion  of 
the  President  the  public  interest  requires,  may  be 
compelled  to  serve  for  a  term  not  exceeding  six  months 
after  they  shall  be  mustered  into  service,  unless  sooner 
discharged. 

90.  That  the  act  entitled  "  An  act  to  provide  for  the 
public  defence/'  approved  sixth  of  March,  eighteen 
hundred  and  sixty-one,  be  and  the  same  is  hereby  so 
amended  that  the  provisions  of  the  second  section  of 
said  act  [89],  limiting  the  term  for  which  the  militia 
may  be  called  into  service  to  a  period  not  exceeding 
six  months,  shall  not  apply  to  men  drafted  into  ser- 
vice by  the  several  states,  and  furnished  by  said  states 
to  the  President  for  service  for  three  years  or  during 
the  war,  in  response  to  requisitions  made  upon  said 
states  according  to  law. 

91.  That  the  said  volunteers  [88],  so  offering  their 
services,  may  be  accepted  by  the  President  in  compa- 
nies, squadrons,  battalions,  and  regiments,  whose  offi- 
cers shall  be  appointed  in  the  manner  prescribed  by 


*  For  Virginia  militia,  see  XXXIX, 
for  clothing  for  militia,  see  233. 


See  also  114, 115.    For  commutation 


MILITARY    LAWS.  43 

law  in  the  several  states  to  which  they  shall  respec- 
tively belong ;  but  when  inspected,  mustered,  and  re- 
ceived into  the  service  of  the  Confederate  States,  said 
troops  shall  be  regarded  in  all  respects  as  a  part  of  the 
army  of  said  Confederate  States,  according  to  the 
terms  of  their  respective  enlistments. 

92.  That  the  President  is  hereby  authorized  to  or-  ibid,  \ 6. 

.  .  -.  Organiza- 

ganize  companies  so  tendering  their  services  into  bat-  tion. 
talions  or  squadrons,  battalions  or  squadrons  into  regi- 
ments, regiments  into  brigades,  and  brigades  into  divis- 
ions, whenever  in  his  judgment  such  organization 
maybe  expedient;  and  whenever  brigades  or  divis- 
ions shall  be  organized,  the  President  shall  appoint  the  Appoint- 

,.  n,,  n  ii-i  i     t     •    •  ment  of  com- 

commandmg  officers  for  such  brigades  and  divisions,  manding 
subject  to  the  confirmation  of  Congress,  who  shall  hold  brigadesand 
their  offices  only  while  such  brigades  and  divisions  are 
in  service ;  and  the  President  shall,  if  necessary,  appor- 
tion the  staff  and  general  officers  among  the  respective 
states  from  which  the  volunteers  shall  tender  their 
services,  as  he  may  deem  proper. 

98.  That  the  sixth  section  of  the  act  to  provide  for  Sept.is, 

r  1862,  ch.  3. 

the  public  defence,  approved  on  the  sixth  of  March,  Organiza- 

.  tion  amend- 

eighteen  hundred  and  sixty-one  [92],  be  amended  by  ed. 
adding  after  the  words  "  brigades  into  divisions,"  the 
words  "  and  divisions  into  army  corps/'  and  each  army 
corps  shall  be  commanded  bv  a  lieutenant-general,*  Lieutenant- 

x  "  °  '      generals. 

to  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  who  shall  receive  the 
pay  of  a  brigadier-general  [67]. 

94.  That  the  sixth  section  of  an  act  to  provide  for  Oct.  6, 1862 
the  public  defence,  approved   March  sixth,  eighteen  qrganiza- 
hundred  and  sixty-one  [92],  be  so  amended  as  to  au-  amended. 
thorize  the  President  to  organize  divisions  of  the  Pro-  H^S' 

1861,  g  7, 

visional  Army  of  the  Confederate  States  into  army  ch.  26. 
corps,  and,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  appoint  officers  to  the  command  thereof. 

95.  That  whenever  the  militia  orvolunteei's  are  call-  ray  and  al- 

lowances. 

ed  and  received  into  the  service  of  the  Confederate 
States,  under  the  provisions  of  this  act,  they  shall  have 


*  Lieutenant-generals  to  command  military  departments  authorized,  372. 


44 


DIGEST    OF 


Horses  kill- 
ed in  action. 


Ibid.  I  8. 
Battalion 

officers. 


Additional 
second  lieu- 
tenant to 
each  compa- 
ny. 

Number  of 
privates  to  a 
company. 

Aug.  2.1861 
1 1,  ch.  S. 
Two  field- 
officers  for 
each   battal- 
ion of  six 
companies. 


Ibid.  ?  2. 
Assistant  ad- 
jutants-gen- 
eral. 


the  same  organization,  and  shall  have  the  same  pay 
and  allowances  as  may  he  provided  for  the  regular 
army  [67  to  77] ;  and  all  mounted  non-commissioned 
officers,  privates,  musicians,  and  artificers  shall  be 
allowed  forty  cents  per  day  for  the  use  and  risk  of 
their  horses ;  and  if  any  volunteer  shall  not  keep  him- 
self provided  with  a  serviceable  horse,  such  volunteer 
shall  serve  on  foot.  For  horses  killed  in  action,  vol- 
unteers shall  be  allowed  compensation  according  to 
their  appraised  value  at  the  date  of  muster  into  ser- 
vice. 

96.  That  the  field  and  staff  officers  of  a  separate 
battalion  of  volunteers  shall  be  one  lieutenant-colonel 
or  major,  one  adjutant  with  the  rank  of  lieutenant, 
one  sergeant-major,  one  quartermaster-sergeant,  and 
a  chief  bugler  or  principal  musician,  according  to 
corps ;  and  that  each  company  shall  be  entitled  to  an 
additional  second  lieutenant ;  and  that  the  President 
may  limit  the  privates  in  any  volunteer  company,  ac- 
cording to  his  discretion,  at  from  sixty-four  to  one 
hundred. 

97.  That  the  eighth  section  of  the  act  of  March  6, 
1861,  "  to  provide  for  the  public  defence  "  [96],  be  and 
the  same  is  hereby  so  far  amended  that  whenever  bat- 
talions of  volunteers  in  the  service  of  the  Confederate 
States  shall  consist  of  not  less  than  six  companies, 
there  may  be  allowed,  in  the  discretion  of  the  Presi- 
dent, to  each  battalion  so  constituted,  two  field-officers, 
one  with  the  rank  of  lieutenant-colonel  and  the  other 
with  the  rank  of  major. 

98.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint  for  the  volunteer  forces  in  the  Confed- 
erate service  as  many  assistant  adjutants-general  as 
the  service  may  require,  whose  rank  shall  correspond 
with  the  rank  of  the  assistant  adjutants-general  in  the 
regular  army,  and  who  shall  receive  the  same  pay  and 
allowances,  according  to  their  respective  grades  [72]. 


III.  Volunteers  for  the  War. 
May 8,  i86i        99.  That  in  addition  to  the  volunteer  force  author- 

$  1'  cn-  5-  o         i        -n         • 

President       ized  to  be  raised  under  existing  laws  [84.  88],  the  Presi- 


MILITARY    LAWS. 


45 


dent  be  and  he  is  hereby  authorized  to  accept  the  ^*™>f 
services  of  volunteers  who  may  offer  their  services,  ^untem-s 
without  regard  to  the  place  of  enlistment,  either  as 
cavalry,  mounted  riflemen,  artillery,  or  infantry,  in 
such  proportion  of  these  several  arms  as  he  may  deem 
expedient,  to  serve  for  and  during  the  existing  war, 
unless  sooner  discharged  [109,  110]. 

100.  That  the  volunteers  so  offering  their  services  ibid,  ?2. 

.  How  accept- 

may  be  accepted  by  the  President  in  companies,  to  be  ed. 
organized  by  him  into  squadrons,  battalions,  or  regi- 
ments. The  President  shall  appoint  all  field  and  staff  officers. 
officers,  but  the  company  officers  shall  be  elected  by 
the  men  composing  the  company;  and  if  accepted,  the 
officers  so  elected  shall  be  commissioned  by  the  Presi- 
dent [109,  110]. 

101.  That  any  vacancies  [105]  occurring  in  the  ranks  y 'cancfes 
of  the  several  companies  mustered   into  service  under 

the  provisions  of  this  act,  may  be  filled  by  volunteers 
accepted  under  the  rules  of  such  companies ;  and  any 
vacancies  occurring  in  the  officers  of  such  companies 
shall  be  filled  by  elections  in  accordance  with  the  same 
rules. 

102.  Except  as  herein  differently  provided,  the  vol-  iwd,  g4. 

J-  ^    r  '  Forces ;  how 

unteer  forces  hereby  authorized  to  be  raised  shall,  in  organized, 
all  regards,  be  subject  to  and  organized  in  accordance 
with  the  provisions  of  "  An  act  to  provide  for  the  pub- 
lic defence  "  [92  et  seq.~],  and  all  other  acts  for  the  gov- 
ernment of  the  Armies  of  the  Confederate  States. 

103.  That  so  much  of  the  second  section  of  the  act  ^ay J1- 1861 

ch.  40. 

entitled  "  An  act  to  raise  an  additional  military  force  to  subaltern  of 

J  the  line  as- 

serve  during  the  war,"  passed  May  eighth,  eighteen  signed  as 
hundred  and  sixty-one,  be  so  amended  as  to  authorize 
the  President,  on  the  application  of  any  commanding 
officer  of  a  regiment  or  battalion  authorized  by  said 
act,  to  assign  a  subaltern  of  the  line  of  the  army  to 
the  duties  of  adjutant  of  said  reo-iment  or  battalion 
[100]. 

104.  That  volunteers  offering  their  services  under  Jan.  22,1862 

:  .  .  .  ?  1,  ch.  46. 

an  act  entitled  "  An  act  to  raise  an  additional  military  volunteers 

n  t  -.»-  accepted 

force  to  serve  during  the  war,    approved  May  eighth,  smgiy. 
eighteen  hundred  and  sixty-one  [100],  may  be  accept- 


46  DIGEST    OF 

ed  by  the  President  singly  as  well  as  in  companies, 
squadrons,  battalions,  or  regiments, 
ibid,  §  2  105.  In  all  appointments  of  officers  raised  under  this 

Officers;  how  -1  * 

appointed      act,  the  field  and  company  officers  shall  be  chosen  and 

and  chosen.  *        «/ 

appointed  in  the  manner  prescribed  by  the  act  entitled 
"  An  act  providing  for  the  granting  of  bounty  and  fur- 
loughs to  privates  and  non-commissioned  officers  in 
the  Provisional  Army,"  approved  December  eleventh, 
eighteen  hundred  and  sixty-one  [123] ;  and  all  vacan- 
cies occurring  in  the  said  offices  after  the  first  election 
made  under  this  act,  as  well  as  under  the  act  entitled 
"  An  act  to  raise  an  additional  military  force  to  serve 
during  the  war,"  approved  May  eighth,  eighteen  hun- 
dred and  sixty-one  [99],  shall  be  filled  by  promotion, 
according  to  grade  and  seniority,  as  provided  in  the 
said  act  of  eleventh  December,  eighteen  hundred  and 
sixty-one,  except  in  case  of  disability  or  other  incom- 
petency :  Provided,  however,  That  the  President  be  au- 
thorized to  depart  from  the  prescribed  rule  of  promo- 
tion in  favor  of  any  person  specially  distinguished  by 
his  commanding  general  for  extraordinary  merit,  or 
some  signal  act  of  military  skill  or  gallantry  [157,  158, 
310,  382]. 
ibid,  g  3.  106.  Any  vacancies  occurring  in  the  ranks  of  com- 

^feranks8  n  panies  mustered  into  the  Confederate  service  for  three 
bnyavoDiun-Ued  years  or  for  the  war,  may  be  filled  by  volunteers  ;  and 
teers-  the  commander  of  each  of  said  squadrons,  battalions,  or 

regiments  organized  as  aforesaid,  may  detail  one  com- 
missioned officer,  and  one  non-commissioned  officer, 
and  one  or  more  privates,  from  each  company  of  his 
command,  with  the  approval  of  the  brigadier-general 
of  the  brigade  to  which  said  squadron,  battalion,  or 
Recruiting,    regiment  may  be  attached,  to  recruit  men  for  said 
company :    so  that  the  same  may  contain  not  more 
than  one  hundred  and  twenty-five,  rank  and  file;  and 
the  men  so  recruited  shall  be  mustered  at  the  time  of 
Transporta-    enrolment,  and  shall  be  entitled  to  transportation  and 
tenM.ltd'6"  subsistence,  or  commutation  of  subsistence,  till  they 
bounty.        j^  their  respective  companies,  and   to  fifty  dollars 

bounty,  to  be  paid  at  the  time  of  joining  the  same, 
ibid,  g  4.        .    107.  The  President  be  and  he  is  hereby  authorized 


MILITARY    LAWS.  47 

to  appoint  and  commission  persons  as  field-officers  or  °®^eaato 
captains,  to  raise  regiments,  squadrons,  battalions  or  raiBe vtroops. 
companies,  and  the  individuals  comprising  the  same 
shall  be  mustered  at  the  time  of  enrolment,  and  be  en-  Muster,  pay, 

etc.,  of 

titled  to  pay,  transportation,  and  subsistence  from  the  troops, 
date  of  the  organization  of  companies ;  but  the  officers  so 
appointed  by  the  President  shall  not  be  entitled  to  any 
pay  or  allowance  until  their  respective  commands  be 
fully  organized  and  reported  to  the  Secretary  of  War ; 
and  said  appointments  shall  expire  if  the  officer  ap- 
pointed shall  not,  within  a  reasonable  time,  not  to  ex- 
ceed two  months  for  a  company  and  four  months  for  for 
a  battalion,  squadron,  or  regiment,  report  the  corps 
authorized  to  be  raised  by  him,  organized  and  ready 
for  duty  :  Provided,  nevertheless,  That  every  officer  so 
commissioned  for  such  purpose  shall  receive  an  ap- 
pointment proportioned  to  the  forces  he  recruits  :  And 
provided,  furthermore,  That  no  enlistments  under  the 
commission  of  captains  shall  be  obligatory,  unless  the 
number  be  sufficient  to  constitute  a  company. 

108.  That  the  second  section  of  the  above  recited-act  Feb.  3, 1862 

ch.65 

[105],  requiring  the  election  of  field  and  company  offi-  commis- 

1  •  i  •  1  sions  of  offi- 

cers by  regiments  and  companies,  shall  not  apply  to  cers  whose 

.  ..  .  -iii        commands 

companies,  battalions,  and  regiments  raised  under  the  are  fuiiyor- 


fourth  section  of  said  act  [107] ;  but  the  officers  ap- 
pointed by  the  President  to  raise  such  companies,  bat- 
talions, and  regiments  shall  be  the  officers  of  the  same ; 
and  the  commissions  of  such  officers  granted  by  the 
President  shall,  when  their  respective  commands  are 
fully  organized,  be  absolute. 

109.  That  the  first  and  second  sections  T99,  1001  of  Oct.  11, 1862 

,,  •  ,  .    ,      .,  .       .  ,  11         §1.  ch.  43. 

the  act  to  which  this  is  an  amendment  are  hereby  volunteers 
declared  to  have  full  force  and  effect  in  those  states  and  districts 
and  districts  in  which  the  President  may,  under  the  «on°o"^he 
law,  suspend  the  provisions  of  the  acts  providing  for  enemy- 
the  enrolment  of  persons  for  military  service,  or  when 
said  acts  can  not  be  enforced  by  reason  of  the  occu- 
pation  of   the   enemy:    Provided,    That   the   troops 
received  under  the  sections  of  said  act  shall  be  receiv- 
ed for  three  years  or  for  the  war. 

110.  That  the  President  may,  in  cases  when,  in  his  it»<U2. 


48  DIGEST    OF 

Appoint-       opinion,  the  public  interest  requires  that  he  should  do 

ment  of  ma-       r  '  ■>-  rL 

jorandbri-    so  appoint  major  and  brigadier-generals,  with  their 

gadier-gen-  '      u  J  a  e> 

erais,  and      appropriate  staff,  and  also  the  field,  company,  and 
cers.  staff  officers  to  regiments,  battalions,  companies,  or 

squadrons  before  the  same  are  organized,  by  and 
with  the  advice  and  consent  of  the  Senate;  and  if  said 
regiments,  battalions,  companies,  or  squadrons  are  not 
reported  as  complete  within  a  reasonable  time,  the 
President  may,  in  his  discretion,  vacate  the  commis- 
sions of  said  officers,  who  shall  be  entitled  to  the  pay 
of  their  respective  grades  from  the  date  of  their 
respective  appointments  until  their  commissions  are 
vacated;  and  that  companies  of  infantry  shall  consist 
of  at  least  one  hundred  and  twenty-five  rank  and  file, 
companies  of  artillery  of  at  least  one  hundred  and 
fifty  rank  and  file,  and  companies  of  cavalry  of  at 
least  eighty  rank  and  file. 

IV.  Volunteers  for  such  time  as  the  President 

MAT  PRESCRIBE. 

May  11, 1861       111.  Whereas,  war  exists  between  the  United  States 
preamble,      and  the  Confederate  States ;  and  whereas  the  public 
welfare  may  require  the  reception  of  volunteer  forces 
into  the  service  of  the  Confederate  States  without 
the  formality  and  delay  of  a  call  upon  the  respective 
States : 
Reception  of       The  Congress  of  the  Confederate  States  of  America  do 
enact,   That  the  President  be   authorized  to  receive 
into  service  such  companies,  battalions,  or  regiments, 
either  mounted  or  on  foot,  as  may  tender  themselves, 
and  he  may  require,  without  the  delay  of  a  formal 
call  upon  the  respective  states,  to  serve  for  such  time 
as  he  may  prescribe, 
ibid,  1 2.  112.  Such  volunteer  forces  who  may  be  accepted 

iz°d.  °  under  this  act,  except  as  herein  differently  provided, 
shall  be  organized  in  accordance  with  and  subject  to 
all  the  provisions  of  the  act  entitled  "An  act  to  pro- 
vide for  the  public  defence"  [91,  92,  95,  96],  and  be 
Allowances,  entitled  to  all  the  allowances  provided  therein ;  and 
when  mustered  into  service  may  be  attached  to  such 
divisions,  brigades,  or  regiments  as  the  President  may 


MILITARY    LAWS.  49 

direct,  or  ordered  upon  such  independent  or  detached 
service  as  the  President  may  deem  expedient :  Pro-  service. 
vided,  however,  that  battalions  and  regiments  may  be  Enlistments 
enlisted  from  states  not  of  the  Confederacy,  and  the  not  of  thees 
President  may  appoint  all  or  any  of  the  field-officers    one  eiacy' 
thereof.  ibid,  g  3. 

113.  The  President  shall  be  authorized  to  commis-  0f  officers0"8 
sion  all  officers  entitled  to  commissions,  of  such  volun- 
teer forces  as  may  be  received  under  the  provisions  of 

this  act.  And  upon  the  request  of  the  officer  com- 
manding such  volunteer  regiment,  battalion,  or  com-  supemume- 

T-,  ,  rary  officer 

pany,  the   President   may  attach    a   supernumerary  toeachcom- 
officer  to  each  company  (detailed  from  the  regular 
army  for  that  purpose)  [21],  and  for  such  time  as  the 
President  may  direct. 

V.  400,000  Volunteers  for  not  less  than  twelve 

MONTHS,   NOR  MORE  THAN  THREE   YEARS. 

114.  That,  in  order  to  provide  additional  forces  to  Aug.  8,  i86i 

'  r  §  1,  ch.  20. 

repel  invasion,  maintain  the  rightful  possession  of  the  Militia,  miii- 
Confederate  States  of  America,  and   to  secure   the  navai  forces 
independence  of  the  Confederate  States,  the  President  to  be  em- 
be  and  he  is  hereby  authorized  to  employ  the  militia, 
military,  and  naval  forces  of  the  Confederate  States 
of  America,  and  to  ask  for  and  accept  the  services  of 
any  number  of  volunteers,  not  exceeding  four  hun-  400,000  voi- 
dred  thousand,  who  may  offer  their  services,  either  as  notiessthan 
cavalry,  mounted  riflemen,  artillery,  or  infantry,  in  nor  more 

,  ,.  «     ,,  ■,  ,  than  3  years. 

such  proportions  01  these  several  arms  as  he  may 
deem  expedient,  to  serve  for  a  period  of  not  less  than 
twelve  months,  nor  more  than  three  years,  after  they 
shall  be  mustered  into  service,  unless  sooner  dis- 
charged. 

115.  That  whenever  the  militia  or  volunteers  are  it>id,§2. 

How  organ- 
Called  and  received  into  the  service  of  the  Confederate  ized- 

States,  under  the  provisions  of  this  act,  they  shall  be 

organized  under  the  act  of  the  6th  of  March,  1861, 

entitled  "An  act  to  provide  for  the  public  defence" 

[91,  92,  95,  96],  with  the  same  pay  and  allowances  of  Pay  and  ai- 

lowances. 


50 


DIGEST    OF 


Ibid,  j}3. 
Act ;  how 
construed. 


April  19,1862 
ch.  57. 
Companies 
with  less 
than  the 
minimum 
number  of 
men. 


said  act,  and  the  same  time  for  the  service  of  the 
militia  [89]. 

116.  Nothing  in  this  act  shall  be  construed  to  extend 
to  or  in  anywise  to  alter  any  act  heretofore  passed, 
authorizing  the  President  to  receive  troops  offered 
directly  to  the  Confederate  States  for  the  war,  or  for 
any  less  time. 

117.  That  in  all  cases  heretofore  occurring  where 
companies,  not  having  the  minimum  number  of  men 
necessary  to  form  a  company  as  required  by  existing 
laws,  have  been  organized  into  companies  which  have 
entered  into  the  service  by  order  of  a  commanding 
general,  or  been  received  by  such  officer  into  the  ser- 
vice, in  all  such  cases  the  Secretary  of  War  is  hereby 
authorized  and  required  to  recognize  said  companies 
as  if  duly  organized  under  existing  laws,  and  the  offi- 
cers of  said  companies  are  hereby  declared  as  entitled 
to  the  same  rank  to  which  they  would  have  been 
entitled  if  the  companies  had  been  duly  organized ; 
and  the  officers  and  men  thereof  shall  be  entitled  to 
draw  their  pay  and  rations  as  if  they  had  been  duly 
authorized  under  existing  laws. 


Jan.  23,  1862 
g  1,  ch.  50. 
Troops  for  3 
years  or  the 
war. 


Ibid,  g  2. 
How  propor- 
tioned 
among  the 
states. 


VI.  Kequisition  upon  the  States  rou  Troops. 

118.  That  the  first  section  of  the  act  of  March 
sixth,  eighteen  hundred  and  sixty-one  [88],  be  and  is 
hereby  so  modified  as  to  authorize  the  President  to 
call  upon  the  several  states,  in  his  discretion,  for  any 
number  of  troops,  not  exceeding,  in  the  aggregate, 
the  number  heretofore  authorized,  to  serve  for  the 
term  of  three  years  or  during  the  war. 

119.  In  making  such  requisitions,  the  President  shall 
take  into  consideration  the  number  of  troops  from 
each  state  already  enlisted  for  the  war  at  the  time  of 
the  requisition,  and  shall,  as  far  as  practicable,  equal- 
ize the  same  among  the  states  according  to  their 
respective  white  population. 


MILITARY    LAWS. 


51 


VII.  Bounty j*  Furloughs;  Election   op  Company 
Ofpicers,  and  other  privileges. 

120.  That  a  bounty  of  fifty  dollars  be  and  the  same  ^cc^'91861 
is  hereby  granted  to  all  privates,  musicians,  and  non-  Bounty  for 

«/    o  J-  '  those  serv- 

commissioned  officers  in  the  Provisional  Army,  who  ing3years 

"  or  for  the 

shall  serve  continuously  for  three  years  or  for  the  war. 
war,  to  be  paid  at  the  following  times,  to  wit :  T©  all 
now  in  the  service  for  twelve  months,  to  be  paid  at 
the  time  of  volunteering  or  enlisting  for  the  next  two 
ensuing  years  subsequent  to  the  expiration  of  their 
present  term  of  service.  To  all  now  in  the  service 
for  three  years  or  for  the  war,  to  be  paid  at  the  expi- 
ration of  their  first  year's  service.  To  all  who  may 
hereafter  volunteer  or  enlist  for  three  years  or  for  the 
war,  to  be  paid  at  the  time  of  entry  into  service  [126]. 

121.  That  furloughs,  not  exceeding  sixty  days,  with  £bid,>22: 

o       '  o  J  J     '  Furloughs 

transportation  home  and  back,  shall  be  granted  to  all  a"d  trans- 

x  . '        portation. 

twelve  months'  men  now  in  service  who  shall,  prior 
to  the  expiration  of  their  present  term  of  service, 
volunteer  or  enlist  for  the  next  two  ensuing  years 
subsequent  to  the  expiration  of  their  present  term  of 
service,  or  for  three  years  or  the  war  ;  said  furloughs 
to  be  issued  at  such  times  and  in  such  numbers  as  the 
Secretary  of  War  may  deem  most  compatible  with 
the  public  interest ;  the  length  of  each  furlough  being 
regulated  with  reference  to  the  distance  of  each  vol- 
unteer from  his  home  :  Provided,  That  in  lieu  of  a  fur- 
lough, the  commutation  value  in  money  of  the  trans-  commuta- 
portation  herein  above  granted  shall  be  paid  to  each 
private,  musician,  or  non-commissioned  officer  who 
may  elect  to  receive  it,  at  such  time  as  the  furlough 
itself  would  otherwise  be  granted. 

122.  This  act  shall  apply  to  all  troops  who  have  Troopstn- 
volunteered  or  enlisted  for  a  term  of  twrelve  months  titled  to  the 

benefit  of 

or  more  in  the  service  of  any  state,  who  are  now  in  the  act 
the  service  of  the  said  state,  and  wrho  may  hereafter 
volunteer  or  enlist  in  the  service  of  the  Confederate 
States  under  the  provisions  of  the  present  act. 

*  For  bouuty  to  enlisted  men  in  regular  army,  see  78.  To  men  recruited  for 
three  years  or  the  war,  106, 132.  To  soldiers  continued  in  service  by  Conscription 
act  of  16th  of  April,  1862,  see  152. 


52 


DIGEST    OF 


Ibid,  §  4. 
Reorganiza- 
tion of  com- 
panies. 


Election  of 
officers. 


State  troops 
in  C.  S.  ser- 
vice. 


Feb.  3,  1862 
ch.  62. 
Provisions 
of  Bounty 
act  extend- 
ed. 


Feb.  15, 1862 
ch.  78. 

Date  of  rank 
of  certain 
officers. 


123.  That  all  troops  revolunteering  or  re-enlisting 
shall,  at  the  expiration  of  their  present  term  of  ser- 
vice, have  the  power  to  reorganize  themselves  into 
companies  and  elect  their  company  officers,  and  said 
companies  shall  have  the  power  to  organize  them- 
selves into  battalions  or  regiments  and  elect  their 
field-officers;  and  after  the  first  election  all  vacancies 
shall  be  filled  by  promotion  from  the  company,  bat- 
talion, or  regiment  in  which  snch  vacancies  may 
occur:  Provided,  That  whenever  a  vacancy  shall 
occur,  whether  by  promotion  or  otherwise,  in  the 
lowest  grade  of  commissioned  officers  of  a  company, 
said  vacancy  shall  always  be  filled  by  election  :  And 
'provided,  further,  That  in  the  case  of  troops  which 
have  been  regularly  enlisted  into  the  service  of  any 
particular  state  prior  to  the  formation  of  the  Con- 
federacy, and  which  have  by  such  state  been  turned 
over  to  the  Confederate  government,  the  officers  shall 
not  be  elected,  but  appointed  and  promoted  in  the 
same  manner  and  by  the  same  authoi'ity  as  they  have 
heretofore  been  appointed  and  promoted. 

124.  That  the  provisions  of  the  above-entitled  act 
[120  et  seq.~\,  so  far  as  the  same  are  applicable  to  re- 
enlistment  of  twelve  months'  volunteers,  be  and  the 
same  are  hereby  extended  to  troops  now  in  the  ser- 
vice of  any  state  for  a  term  not  less  than  three 
months,  who  may  re-enlist  in  the  service  of  the  Con- 
federate States  according  to  provisions  of  said  act 
for  a  term  which,  added  to  their  present  term  of  ser- 
vice, may  amount  to  three  years. 

125.  That  the  rank  of  commissioned  officers  of  regi- 
ments, battalions,  squadrons,  and  companies  who 
continue  in  service  by  re-election  in  regiments,  bat- 
talions, squadrons,  or  companies  organized  of  troops 
re-enlisting  under  the  act  providing  for  the  granting 
of  bounty  and  furloughs  to  privates  and  non-commis- 
sioned officers  in  the  Provisional  Army,  approved 
December  eleventh,  eighteen  hundred  and  sixty-one 
[123],  and  the  act  supplemental  thereto,  approved 
February  third,  eighteen  hundred  and  sixty-two  [124], 
or  under  the  act  to  provide  for  the  recruiting  compa- 


MILITARY    LAWS.  53 

nies  now  in  the  service  of  the  Confederate  States  for 
twelve  months,  approved  January  twenty-seventh, 
eighteen  hundred  and  sixty-two  [131  et  seq.~\,  shall 
date  from  the  time  of  their  original  election  or  ap- 
pointment :  Provided,  Such  officers  shall  be  re-elected 
or  appointed  to  offices  of  the  same  grade  in  the  same 
corps. 

126.  That  the  bounty  of  fifty  dollars,  allowed  by  *heb£817' 1862 
existing  laws  to  soldiers  enlisting  for  the  war,  or  re-  ^enpay- 
enlisting  for  two  years,  or  recruited,  shall  be  payable  able- 
[127]  as  soon  as  the  volunteer  entitled  thereto  shall 

have  been  sworn  into  the  Confederate  service,  and 
shall  have  been  pronounced  by  any  surgeon  or  assist- 
ant surgeon  of  the  Confederate  States,  after  inspec- 
tion, as  being  fit  and  able  to  do  military  service. 

127.  That  the  above  recited  act  [1261  be  so  amended  Oct.  n,  1862 

ch.  44. 

as  to  secure  to  all  soldiers  and  non-commissioned  offi-  Bounty  due 
cers  who  shall  have  entered  the  armies  of  the  Confed-  discharged 
erate  States  for  three  years  or  during  the  war  the 
bounty  of  fifty  dollars,  as  therein  provided,  although 
such  soldier  or  non-commissioned  officer  may  have 
been  killed  in  battle,  died,  or  been  honorably  dis- 
charged before  the  expiration  of  the  first  year's  ser- 
vice of  his  term,  to  be  paid  as  other  arrearages. 

128.  That,  at  the  expiration  of  six  months  from  the  Feb.  17, 1864 
first  day  of  April  next,  a  bounty  of  one  hundred  dol-  Bounty  of 
lars,  in  a  six  per  cent,  government  bond,  which  the  dollars. 
Secretary  of  the  Treasury  is   hereby   authorized   to 

issue,  shall  be  paid  to  every  non-commissioned  officer, 
musician,  and  private  who  shall  then  be  in  the  service, 
or,  in  the  event  of  his  death  previous  to  the  period  of 
such  payment,  then  to  the  person  or  persons  who 
would  be  entitled  by  law  to  receive  the  arrearages  of 
his  pay ;  bat  no  one  shall  be  entitled  to  the  bounty 
herein  provided  who  shall,  at  any  time  during  the 
period  of  six  months  next  after  the  said  first  day  of 
April,  be  absent  from  his  command  without  leave. 


VIII.  Recruiting. 
129.  That  the  Secretary  of  War  be  and  he  is  hereby  f™ch  f 
authorized  to  adopt  measures  for  recruiting  and  en-  For  three 


19, 1861 


54  DIGEST    OF 

years  or  the  listing  men  for  companies  in  service  for  the  war,  or 
three  years,  which,  by  the  casualties  of  the  service, 
have  been  reduced  by  death  and  discharges. 

ibid,  1 2.  130.  That  the  Secretary  of  War  be  and  he  is  hereby 

Detail  of  offi-  ,  .,  J  ..'•,-» 

cersj_  authorized  to  detail  the   company  commissioned  offi- 

cers for  the  above  duty  in  such  numbers  and  at  such 
times  as  in  his  opinion  will  best  comport  with  the 
public  service ;  the  officers  thus  appointed  to  enlist 
and  recruit  for  their  respective  companies. 

Jan.  27. 1862       131.  That  all  companies  of  volunteers,  now  in  the 

1 1.  ch.  55.  r 

companies     service  of  the  Confederate  States  under  enlistment  for 

in  service  for  .  , 

twelve  the  term  or  twelve  months,  may  be  recruited  by  en- 

listing or  receiving  volunteers  for  three  years  or  the 
war,  to  a  number  not  to  exceed  one  hundred  and 
twenty-five,  rank  and  file,  and  companies  so  recruited 
shall,  at  the  expiration  of  the  term  of  service  of  the 

Election  of  original  company,  elect  their  commissioned  officers; 
and  vacancies  thereafter  occurring  in  the  commissioned 
offices  of  such  companies  shall  be  filled  by  promotion 

Promotion.  L  ^    L 

of  said  commissioned  officers,  except  that  vacancies  in 
the  lowest  grade  of  such  officers  shall  be  filled  by  elec- 
tion, 
ibid. g 2.  132.  The  colonel  or  commanding  officer  of  the  sev- 

Detail  of  offi-  .  .  ..  1  '-  .,  ,    . 

cere.  eral  regiments,  battalions,  and  squadrons  enlisted  for 

twelve  months  as  aforesaid,  may  detail  one  commis- 
sioned officer,  and  not  exceeding  two  privates  of  each 
company,  to  recruit  for  their  respective  companies, 
and  the  officers  and  privates  so  detailed  shall  be  en- 
titled to  transportation  while  so  engaged,  and  the 
recruits  so  enlisted  shall  be  entitled  to  pay,  transpor- 
tation, and  subsistence  from  the  time  and  place  of 
enlistment,  together  with  the  sum  of  fifty  dollars,  as  a 

Bounty,  etc.  DountV)  upon  joining  their  respective  Companies. 

ibid,  ?3.  133.  The  original  volunteers  in  such  companies,  re- 

enlisting  according  to  the  terms  of  the  act  entitled 
"An  act  providing  for  the  granting  of  bounty  and 
furloughs  to  privates  and  non-commissioned  officers  in 
the  Provisional  Army  "  [120  et  seq.~\,  may  re-enlist  in 
and  form  part  of  the  companies  to  be  recruited  as 
herein  provided;  and  when  all  the  companies  com- 
posing the  regiment,  battalion,  or  squadron  as  afore- 


MILITARY    LAWS.  55 

said  shall,  by  recruiting  as  aforesaid,  or  by  re-enlist-  ftggi™^_ts' 
raent  and  recruiting  as  aforesaid,  have  attained,  at  ganized. 
the  date  of  the  expiration  of  the  term  of  service  of 
the  original  companies,  the  number  required  by  law 
for  a  company,  the  number  and  designation  of  such 
regiment,  battalion,  or  squadron  may  continue,  or  such 
of  said  companies  as  are  complete  at  that  date  maj^ 
reorganize  into  new  regiments,  battalions,  or  squad- 
rons, or  attach  themselves  to  other  regiments,  battal- 
ions, or  squadrons;  and  in  all  such  cases  the  field-offi- 
cers shall  be  elected,  and  vacancies  thereafter  occurring 
in  such  field-offices  shall  be  filled  by  promotion,  as  di- 
rected by  the  act  aforesaid. 

134.  Companies   organized   by   re-enlisted    twelve  ibid,  §4. 

x  °  *•  .  '  '-J        Companies 

months'  volunteers,  under  the  act  aforesaid,  may  be  organized  by 

re-enlisted 

recruited  to  the  number  of  one  hundred  and  twenty-  twelve 

n  -i       i    ■         i  n  months'  vol- 

five,  in  the  manner  prescribed  m  the  second  section  of  unteers. 
this  act. 

135.  Where,  at  the  date  of  the  expiration  of  the  ibid,  §5. 

x  When  corn- 

term  of  service  of  the  original  companv,  the  number  paniesmay 

&  1         ./  '  be  united. 

of  recruits  and  enlisted  men  may  not  amount  to  the 
minimum  number  required  for  a  company,  the  re- 
cruited men  may  combine  with  recruits  of  other  com- 
panies in  like  situation,  so  as  to  form  complete  com- 
panies ;  and  in  default  of  such  combinations,  the  said 
recruits  may  be  assigned  or  distributed  to  other  com- 
panies from  the  state  in  which  such  recruits  were 
enlisted. 

136.  The  Secretary  of  War  shall  make  all  needful  ibM-ge. 

*  Rules. 

rules  to  carry  into  effect  the  foregoing  provisions. 

137.  That  the  President  of  the  Confederate  States  Aug.  8,  i8ei 

ch.  18.    Offi- 

be  and  he  is  hereby  authorized  to  grant  commissions  cers  to  raise 

jv  1  volun- 

to  officers  above  the  grade  of  captain  to  such  persons  teersfrom 

Kentucky 

as  he  may  think  fit  to  raise  and  command  volunteer  Missouri, ' 
regiments  and  battalions  for  the  service  of  the  Con-  Delaware.' 
federate  States,  said  regiments  and  battalions  to  be 
composed  of  persons  who  are,  or  have  been,  residents 
of  the  States  of  Kentucky,  Missouri,  Maryland,  or 
Delaware,  and  who  have  enlisted,  or  may  enlist,  under 
said  officers;  upon  the  condition,  however,  that  such 
officers  shall  not  hold  rank  or  receive  pay  until  such 


56 


DIGEST    OF 


Aug  30,1861 
§  1.  ch.  52. 
Recruiting 
stations  for 
volunteers 
from  Ken- 
tucky, Mis- 
souri, Mary- 
land, and 
Delaware. 


Ibid,  I  2. 
Officers  to 
raise  and 
command 
companies  of 
Buch  volun- 
teers . 


Ibid,  I  3. 
Organiza- 
tion of  com- 
panies. 


Ibid,  ?  4. 
Compensa- 
tion to 
recruits. 


Feb.  15, 1862 
ch.  76. 
Maryland 
Line. 


regiments  or  battalions  have  been  raised  and  are  mus- 
tered into  service. 

138.  That  the  President  be  and  he  is  hereby  author- 
ized to  establish  recruiting  stations  within  the  Con- 
federate States  for  the  reception  of  volunteers  into 
the  military  service  of  the  Confederate  States  from 
among  persons  who  are,  or  have  been,  residents  of  the 
States  of  Kentucky,  Missouri,  Maryland,  and  Dela- 
ware. 

139.  That  the  President  be  authorized  to  grant  com- 
missions as  captains  to  such  persons  as  he  may  think 
fit  to  raise  and  command  companies  to  be  composed 
of  such  volunteers ;  upon  the  condition,  however,  that 
such  officers  shall  not.  hold  rank  or  receive  pay  until 
such  companies  have  been  raised  and  are  mustered 
into  service. 

140.  Whenever  such  recruits  shall  amount  to  a  suffi- 
cient number  to  be  formed  into  companies,  the  Presi- 
dent may  direct  the  same  to  be  so  organized,  appoint- 
ing all  commissioned  officers  of  the  several  companies, 
in  addition  to  the  captains  provided  for  in  the  preced- 
ing section;  and  such  companies  may  be  organized  into 
regiments  in  like  manner,  under  the  direction  of  the 
President. 

141.  Until  such  recruits  shall  amount  to  a  sufficient 
number  to  be  organized  into  companies,  they  shall 
receive  no  compensation  except  their  clothing  and 
rations 

142.  That  all  native  or  adopted  citizens  of  the  State 
of  Maryland  who  have  heretofore  volunteered,  are 
now  in,  or  may  hereafter  volunteer  in  the  service  of 
the  Confederate  States,  may,  at  their  option,  be  organ- 
ized and  enrolled  into  companies,  squadrons,  battal- 
ions, and  regiments,  and  with  the  first  Maryland  regi- 
ment, and  several  companies  now  in  service,  into  one 
or  more  brigades,  to  be  known  as  the  Maryland  Line; 
said  organization  to  be  in  accordance  Avith  existing 
laws. 


MILITARY    LAWS.  57 

IX.  Conscription. 

148.  In  view  of  the  exigencies  of  the  country,  and  ^l}\' 
the  absolute  necessity  of  keeping  in  the  service  our  «h;81- 
gallant  army,  and  of  placing  in  the  field  a  large  addi- 
tional force  to  meet  the  advancing  columns  of  the 
enemy  now  invading  our  soil :  Therefore 

The  Congress  of  the  Confederate  States  of  America  do  ^J^y16 
enact,  That  the  President  be  and  he  is  hereby  author-  J^f  andgh" 
ized  to  call  out  and  place  in  the  military  service  of  thirty-Aye 

L  »  years  of  age. 

the  Confederate  States,  for  three  years,  unless  the  war 
shall  have  been  sooner  ended,  all  white  men  who  are 
residents  of  the  Confederate  States,  between  the  ages 
of  eighteen  and  thirty-five,  years,  at  the  time  the  call 
or  calls  may  be  made,  who  are  not  legally  exempted 
from  military  service.  All  of  the  persons  aforesaid 
who  are  now  in  the  armies  of  the  Confederacy,  and 
whose  term  of  service  will  expire  before  the  end  of  the 
war,  shall  be  continued  in  the  service  for  three  years  continuance 
from  the  date  of  their  original  enlistment,  unless  the  those1  now  in 
war  shall  have  been  sooner  ended  :  Provided,  however,  e  army' 
That  all  such  companies,  squadrons,  battalions,  and 
regiments  whose  term  of  original  enlistment  was  for 
twelve  months,  shall  have  the  right,  within  forty  days, 
on  a  day  to  be  fixed  by  the  commander  of  the  brigade, 
to  reorganize  said  companies,  battalions,  and  regi-  Re0rganiza- 
ments,  by  electing  all  their  officers  which  they  had  a  ^je°*  gt°cm"' 
right  heretofore  to  elect,  who  shall  be  commissioned 
by  the  President  [159]  :  Provided,  further,  That  fur-  Furloughs, 
loughs  not  exceeding  sixty  days,  with  transportation 
home  and  back,  shall  be  granted  to  all  those  retained 
in  the  service  by  the  provisions  of  this  act  beyond  the 
period  of  their  original  enlistment,  and  who  have  not 
heretofore  received  furloughs  under  the  provisions  of 
an  act  entitled  "An  act  providing  for  the  granting  of 
bounty  and  furloughs  to  privates  and  non-commis- 
sioned officers  in  the  Provisional  Army,"  approved 
eleventh  December,  eighteen  hundred  and  sixty-one 
[121] — said  furloughs  to  be  granted  at  such  times  and 
in  such  numbers  as  the  Secretary  of  War  may  deem 
most  compatible  with  the  public  interest :  And  pro- 
vided, further,  That  in  lieu  of  a  furlough,  the  commuta- 


Commuta- 
tion. 


5S  DIGKST    OF 

tion  value  in  money  of  the  transportation  herein  above 
granted  shall  be  paid  to  each  private,  musician,  or 
non-commissioned  officer  who  may  elect  to  receive  it, 
at  such  time  as  the  furlough  would  otherwise  be  grant- 
au  under      ed  :  Provided,  further,  That  all  persons  under  the  age 

eighteen  .  . 

years  and      of  eighteen  years  or  over  the  age  of  thirty-five  years, 

over  thirty-  °  J  .  J  J 

five  now        who  are  now  enrolled  in  the  military  service  of  the 

enrolled.  -  . 

Confederate  States  in  the  regiments,  squadrons,  bat- 
talions, and  companies  hereafter  to  be  reorganized, 
shall  be  required  to  remain  in  their  respective  com- 
panies, squadrons,  battalions,  and  regiments  for  ninety 
days,  unless  their  places  can  be  sooner  supplied  by 
other  recruits  not  now  in  the  service,  who  are  between 
the  ages  of  eighteen  and  thirty-five  years;  and  all 
laws  and  parts  of  laws  providing  for  the  re-enlistment 
of  volunteers  and  the  organization  thereof  into  com- 
panies, squadrons,  battalions,  or  regiments,  shall  be 
and  the  same  are  hereby  repealed. 
Sep.  27, 18C2       144.  That  the  President  be  and  he  is  hereby  author- 

ch.  15.     All  J 

white  men     ized  to  call  out  and  place  in  the  military  service  of  the 

between 

thirty-five     Confederate  States  for   three  years,   unless  the  war 

and  forty- 

five  years  of  should  have  been  sooner  ended,  all  white  men  who  are 
residents  of  the  Confederate  States,  between  the  ages 
of  thirty -five  and  forty-five  years,  at  the  time  the  call 
or  calls  may  be  made,  and  who  are  not,  at  such  time 
or  times,  legally  exempted  from  military  service,  or 
such  part  thereof  as,  in  his  judgment,  may  be  neces- 
sary to  the  public  defence — such  call  or  calls  to  be 
made  under  the  provisions  and  according  to  the  terms 
of  the  act  to  which  this  is  an  amendment  [143]  ;  and 
such  authority  shall  exist  in  the  President  during  the 
present  war  as  to  all  persons  who  now  are  or  may 
hereafter  become  eighteen  years  of  age,  and  when 
once  enrolled,  all  persons  between  the  ages  of  eighteen 
and  forty-five  shall  serve  their  full  time :  Provided, 
That  if  the  President,  in  calling  out  troops  into  the 
firsTc^uied  service  of  the  Confederate  States,  shall  first  call  for 
outi  only  a  part  of  the  persons  between  the  ages  hereinbe- 

fore stated,  he  shall  call  for  those  between  the  ages  of 
thirty-five  and  any  other  age  less  than  forty-five  :  Pro- 
vided, That  nothing  herein  contained  shall  be  under- 


MILITARY    LAWS. 


59 


stood  as  repealing  or  modifying  any  part  of  the  act  to 
which  this  is  amendatory,  except  as  herein  expressly 
stated:  And  provided,  further,  That  those  called  out 
under  this  act,  and  the  act  to  which  this  is  an  amend- 
ment, shall  be  first  and  immediately  ordered  to  fill  to  Disposition 

J  of  those 

their  maximum    number  the   companies,  battalions,  called  into 

A  service. 

squadrons,  and  regiments  from  the  respective  states 
at  the  time  the  act  to  further  provide  for  the  public 
defence,  approved  sixteenth  April,  one  thousand  eight 
hundred  and  sixty-two,  was  passed,  and  the  surplus, 
if  any,  shall  be  assigned  to  organizations  formed  from 
each  state  since  the  passage  of  that  act,  or  placed  in 
new  organizations  to  be  officered  by  the  state  having 
such  residue,  according  to  the  laws  thereof,  or  dis- 
posed of  as  now  provided  by  law  :  Provided,  That  the 
President  is  authorized  to  suspend  the  execution  of  suspension 

A  of  this  act 

this  act,  or  the  act  to  which  this  is  an  amendment  and  that  of 

'  .  .      April  16, 

ri43],  in  anv  locality  where  he  may  find  it  impracti-  1862,  in  cer- 

i,  ,  i,-  i      ,  t  tainlocali- 

cable  to  execute  the  same,  and  that  in  such  locality,  ties. 
and  during  said  suspension,  the  President  is  authorized 
to  receive  troops  into  the  Confederate  service  under 
any  of  the  acts  passed  by  the  Confederate  Congress 
prior  to  the  passage  of  the  act  to  provide  further  for 
the  public  defence,  approved  sixteenth  April,  one 
thousand  eight  hundred  and  sixty-two. 

145.  That  all  persons  subject  to  enrolment  for  mili-  0^-^  1862 
tary  service  may  be  enrolled  under  instructions  from  Enrolment 

"  "  of  conscripts 

the  War  department,  and  reported  by  the  enrolling:  wherever 

1  '  '  J  &    found. 

officer  wherever  found,  whether  within  the  state  or 
county  of  their  residence  or  not  j  and  when  so  enroll- 
ed shall  be  subject  to  the  provisions  of  law  as  fully  as 
if  enrolled  within  the  county  and  state  of  which  they 
may  be  residents :  Provided,  That  this  act  shall  not 
extend  to  any  member  of  a  military  organization  un- 
der any  state  law  while  he  remains  in  actual  service  state  miiita- 
within  the  limits  of  his  state:  And  provided,  further,  tK>ns.gani  z'1" 
That  the  President  is  authorized  to  suspend  the  exe-  suspension 
cution   of  this   act  as   regards   the   residents  of  any  fncertahr 
locality  where  he  may  find  it  impracticable  to  execute  locaht,es- 
the  act  entitled  "An  act  to  further  provide  for  the 
public  defence,"  approved  April   sixteenth,  eighteen 


60 


DIGEST    OF 


April  16, 
1862,  I  2, 
ch.  31. 
Companies, 
etc.,  iu  proc- 
ess of  or- 
ganization. 


Ibid.  I  3. 
Officers  to 
make  enrol- 
ment. 


Ibid,  I  4. 
Assignment 
of  persons 
enrolled. 


Ibid,  ?5. 

Seamen  ; 
transfer  of. 


May  1,  1863 
ch.  68. 
Idem. 


hundred  and  sixty-two  [143],  and  the  act  to  amend 
the  last  mentioned  ace,  approved  September  twenty- 
seventh,  eighteen  hundred  and  sixty -two  [144]. 

Ii6.  That  such  companies,  squadrons,  battalions,  or 
regiments  organized,  or  in  process  of  organization,  by 
authority  from  the  Secretary  of  War,  as  may  be,  with- 
in thirty  days  from  the  passage  of  this  act,  so  far  com- 
pleted as  to  have  the  whole  number  of  men  requisite 
for  organization  actually  enrolled,  not  embracing  in 
said  organizations  any  persons  now  in  service,  shall  be 
mustered  into  the  service  of  the  Confederate  States  as 
part  of  the  land  forces  of  the  same,  to  be  received  in 
that  arm  of  the  service  in  which  they  are  authorized 
to  organize,  and  shall  elect  their  company,  battalion, 
and  regimental  officers. 

147.  That  for  the  enrolment  of  all  persons  compre- 
hended Avithin  the  provisions  of  this  act,  who  are  not 
already  in  service  in  the  armies  of  the  Confederate 
States,  it  shall  be  lawful  for  the  President,  with  the 
consent  of  the  governor's  of  the  respective  states,  to 
employ  state  officers,  and  on  failure  to  obtain  such 
consent,  he  shall  employ  Confederate  officers,  charged 
with  the  duty  of  making  such  enrolment  in  accord- 
ance with  rules  and  regulations  to  be  prescribed  by 
him. 

148.  That  persons  enrolled  under  the  provisions  of 
the  preceding  section  shall  be  assigned  by  the  Secre- 
tary of  War  to  the  different  companies  now  in  the 
service,  until  each  company  is  filled  to  its  maximum 
number,  and  the  persons  so  enrolled  shall  be  assigned 
to  companies  from  the  states  from  which  they  respec- 
tively come. 

149.  That  all  seamen  and  ordinary  seamen  in  the 
land  forces  of  the  Confederate  States,  enrolled  under 
the  provisions  of  this  act,  may,  on  application  of  the 
Secretary  of  the  Navy,  be  transferred  from  the  land 
forces  to  the  naval  service. 

150.  That  all  persons  serving  in  the  land  forces  of 
the  Confederate  States  who  shall  desire  to  be  trans- 
ferred to  the  naval  service,  and  whose  transfer  as  sea- 
men or  ordinary  seamen  shall  be  applied  for  by  the 


MILITARY   LAWS.  61 

Secretary  of  the  Navy,  shall  be  transferred  from  the 
land  to  the  naval  service :  Provided,  That  nothing  in 
this  act  shall  be  so  construed  as  to  alter  or  repeal  any 
law  now  in  force  limiting  the  number  of  seamen  [573]. 

151.  That  in  all  cases  where  a  state  may  not  have  April  16, 

1862,  §  6, 

in  the  army  a  number  of  regiments,  battalions,  squad-  ch.  31. 
rons,  or  companies  sufficient  to  absorb  the  number  of 
persons  subject  to  military  service  under  this  act,  be- 
longing to  such  state,  then  the  residue  or  excess  there- 
of shall  be  kept  as  a  reserve,  under  such  regulations 
as  may  be  established  by  the  Secretary  of  War,  and 
that  at  stated  periods  of  no  greater  than  three  months, 
details,  determined  by  lot,  shall  be  made  from  said  re- 
serve, so  that  each  company  shall,  as  nearly  as  practi- 
cable, be  kept  full :  Provided,  That  the  persons  held  in 
reserve  may  remain  at  home  until  called  into  service 
by  the  President :  Provided,  also,  That  during  their 
stay  at  home  they  shall  not  receive  pay :  Provided,  fur- 
ther, That  the  persons  comprehended  in  this  act  shall 
not  be  subject  to  the  Eules  and  Articles  of  War  until  When sub- 
mustered  into  the  actual  service  of  the  Confederate  ^esVnd 
States;  except  that  said  persons,  when  enrolled  and  ^.clesof 
liable  to  duty,  if  they  shall  wilfully  refuse  to  obey  said 
call,  each  of  them  shall  be  held  to  be  a  deserter  and 
punished  as  such,  under  said  Articles  :  Provided,  fur- 
ther, That  whenever,  in  the  opinion  of  the  President, 
the  exigencies  of  the  public  service  may  require  it,  he 
shall  be  authorized  to  call  into  actual  service  the  en-  Reserves; 

when  to  be 

tire  reserve,  or  so  much  as  may  be  necessary,  not  pre-  called  into 
viously  assigned  to  different   companies  in  service  un- 
der provision  of  section   four  [148]  of  this  act  5  said 
reserve  shall  be  organized  under  such  rules  as  the  Sec-  organiza- 
retary  of  War  may  adopt :    Provided,  The  company, 
battalion,  and  regimental  officers  shall   be  elected  by  Election  of 
the  troops  composing  the  same  :  Provided,  The  troops 
raised  in  any  one  state  shall  not  be  combined  in  regi- 
mental, battalion,  squadron,  or  company  organization 
with  troops  raised  in  any  other  states. 

152.  That  all  soldiers  now  serving  in  the  army,  or  ibid,  §  7. 

o  J  '  Bounty. 

mustered  in  the  military  service  of  the  Confederate 
States,  or  enrolled  in  said  service  under  the  authoriza- 


62 


DIGEST    01'' 


Ibid,  §8. 
Private  arms 
to  be  paid 
for. 


Ibid,  g9. 

Substitutes. 


Dec.  28, 1863 
ch.  3. 

Substitute 
system  abol- 
ished. 


Jan.  5, 1864 
ch.4. 


Principals 
liable  to  ser- 
vice. 


April  16, 
1862,  g  10, 
ch.  31. 
Vacancies ; 
how  filled. 


tions  heretofore  issued  by  the  Secretary  of  War,  and 
who  are  continued  in  the  service  by  virtue  of  this  act, 
who  have  not  received  the  bounty  of  fifty  dollars 
allowed  by  existing  laws  [120],  shall  be  entitled  to  re- 
ceive said  bounty. 

153.  That  each  man  who  may  hereafter  be  mustered 
into  service,  and  who  shall  arm  himself  with  a  musket, 
shot-gun,  rifle,  or  carbine,  accepted  as  an  efficient  weap- 
on, shall  be  paid  the  value  thereof,  to  be  ascertained 
by  the  mustering  officer,  under  such  regulations  as 
may  be  prescribed  by  the  Secretary  of  War,  if  he  is 
willing  to  sell  the  same,  and  if  he  is  not,  then  he  shall 
be  entitled  to  receive  one  dollar  a  month  for  the  use  of 
said  received  and  approved  musket,  rifie,  shot-gun,  or 
carbine. 

154.  That  persons  not  liable  for  duty  may  be  re- 
ceived as  substitutes  for  those  who  are,  under  such 
regulations  as  may  be  prescribed  b}^  the  Secretary  of 
War. 

155.  That  no  person  liable  to  military  service  shall 
hereafter  be  permitted  or  allowed  to  furnish  a  substi- 
tute for  such  service,  nor  shall  any  substitute  be  re- 
ceived, enlisted,  or  enrolled  in  the  military  service  of 
the  Confederate  States. 

156.  Whereas,  in  the  present  circumstances  of  the 
country,  it  requires  the  aid  of  all  who  are  able  to  bear 
arms  : 

The  Congress  of  the  Confederate  States  of  America  do 
enact,  That  no  person  shall  be  exempted  from  military 
service  by  reason  of  his  having  furnished  a  substitute  ; 
but  this  act  shall  not  be  so  construed  as  to  affect  per- 
sons who,  though  not  liable  to  render  military  service, 
have,  nevertheless,  furnished  substitutes. 

157.  That  all  vacancies  shall  be  filled  by  the  Presi- 
dent from  the  company,  battalion,  squadron,  or  regi- 
ment in  which  such  vacancies  shall  occur,  by  promo- 
tion according  to  seniority,  except  in  case  of  disability 
or  other  incompetency  :  Provided,  however,  That  the 
President  may,  when  in  his  opinion  it  may  be  proper, 
fill  such  vacancy  or  vacancies  by  the  promotion  of 
any  officer  or  officers,  or  private  or  privates  from  such 


MILITARY    LAWS.  63 

company,  battalion,  squadron,  or  regiment  who  shall 
have  been  distinguished  in  the  service  by  exhibi- 
tion of  valor  and  skill  [105,  382,  310] ;  and  that  when- 
ever a  vacancy  shall  occur  in  the  lowest  grade  of  the 
commissioned  officers  of  a  company,  said  vacancy  shall 
be  filled  by  election  :  Provided,  That  all  appointments 
made  by  the  President  shall  be  by  and  with  the  advice 
and  consent  of  the  Senate. 

158.  That  all  vacancies  shall  be  filled  by  the  Presi-  April  21, 

...  ,  .     1862,  ch.  75. 

dent  from  the  company,  battalion,  squadron,  or  regi-  idem, 
ment  in  which  such  vacancies  shall  occur,  by  promo- 
tion, according  to  seniority,  except  in  case  of  disability 
or  other  incompetency ;  and  that  whenever  a  vacancy 
shall  occur  in  the  lowest  grade  of  commissioned  offi- 
cers of  a  company,  such  vacancies  shall  be  filled  by 
election  :  Provided,  however,  That  the  President  may, 
when  in  bis  opinion  it  is  proper,  fill  any  vacancy  by 
the  promotion  of  any  officer  from  any  company,  bat- 
talion, squadron,  or  regiment  in  which  the  same  may 
occur,  who  shall  have  been  distinguished  in  service  by 
the  exhibition  of  extraordinary  valor  and  skill  [105, 
382,  310]  ;  and  that  when  any  vacancy  shall  occur  in 
the  lowest  grade  of  commissioned  officers  of  any  com- 
pany, the  same  may  be  filled  by  selection  by  the  Presi- 
dent of  any  non-commissioned  officer  or  private  from 
the  company  in  which  said  vacancy  may  occur,  who 
shall  have  been  distinguished  in  the  service  by  the  ex- 
hibition of  extraordinary  valor  and  skill;  and  that 
appointments  made  by  the  President  shall  be  by  and 
with  the  advice  and  consent  of  the  Senate. 

159.  That  the  provisions  of  the  first  section  [143]  of  April  ie, 
this  act,  relating  to  the  election  of  officers,  shall  apply  ch.  si. 

, ,  .  ,      .  .     , .  ,  -  i.i      Election  of 

to  those  regiments,  battalions,  and  squadrons  which  officers  of 
are  composed  of  twelve  months'  and  war  companies  composed  of 
combined  in  the  same  organization,  without  regard  to  months' 
the  manner  in  which   the  officers  thereof  were  origi-  companies 
nally  appointed.  combined. 

160.  That  each  company  of  infantry  shall  consist  of  ibid,  g  12. 

1  in  1,  r.  !■  '        x  «i  1  Rank  and 

one  hundred  and  twenty-five,  rank  and  file ;  each  com-  file  to  each 
pany  of  field  artillery  of  one  hundred  and  fifty,  rank  company' 
and  file  ;  each  of  cavalry,  of  eighty,  rank  and  file. 


b4r  DIGEST    OF 

Priviil1^  of      l^-'  ^at  a^  persons  subject  to  enrolment,  who  are 
volunteer-     not  now  in  the  service  under  the  provisions  of  this  act, 
shall  be  permitted,  previous  to  such  enrolment,  to  vol- 
unteer in  companies  now  in  the  service. 
Oct.  11, 1862       162.  That  the  President  be  and  he  is  hereby  author- 

l  1,  ch.  39.        .  J 

Regiments     ized  and  empowered,  whenever  in  his  opinion  the  pub- 

or  battalions  ,  .     i  i  .  - 

organized  he  good  would  be  promoted  thereby,  to  receive  into 
tober,  1862.  the  service  regiments  or  battalions  which  have  been 
organized  in  good  faith  prior  to  the  first  day  of  Octo- 
ber, eighteen  hundred  and  sixty-two,  under  authority 
or  by  direction  of  the  Secretary  of  War,  or  any  gen- 
eral officer  of  the  government,  although  said  regiments 
or  battalions  may  be  composed  in  part  of  persons  be- 
tween the  ages  of  eighteen  and  thirty-five  years  :  Pro- 
vided, That  this  authority  shall  not  extend  to  regi- 
ments or  battalions  organized  after  the  said  first  day 
of  October,  eighteen  hundred  and  sixty-two,  except  in 
those  states  and  locations  where  the  conscript  law  may 
be  suspended. 

ibid.  §2  263.  That  the  President  be  and  he  is  hereby  author- 

Regiments  j 

or  battalions  [Zq([  and  emnowered,  whenever  in  his  opinion  it  would 

organized  of  A  L 

conscripts  in  promote  the  public  good,  to  receive  into  service  regi- 

states  west      >-  .  . 

of  Mississip-  ments  or  battalions  which  have  been  heretofore  organ- 
pi  river.  m  .    ' 

ized  of  conscripts  by  a  general  officer  in  any  of  the 
states  lying  west  of  the  Mississippi  river  fl64]. 
April  16,  164.  That  the  second  section  [163]  of  the  act  entitled 

1863.  §1,  - '         # ' '         _  '     __  .  _  _1 

ch.  so.  "  An  act  to  authorize  the  President  to  accept  and  place 

To  elect  .         .  .  ,     .  .  ,  ,  ,    '    ,    , .  '  J 

their  officers  in  the  service  certain  regiments  and  battalions  hereto- 
fore raised,"  approved  on  the  eleventh  day  of  October, 
in  the  year  one  thousand  eight  hundred  and  sixty-two, 
shall  not  be  so  construed  as  to  authorize  any  general 
officer  to  appoint  any-  of  the  officers  of  said  regiments 
and  battalions.  That  said  regiments  and  battalions 
shall  have  the  right,  within  ninety  days,  on  a  day  to 
be  fixed  by  the  commander  of  the  brigade  for  that  pur- 
pose, to  elect  such  officers  as  volunteers  have  hereto- 
fore been  authorized  to  elect :  Provided,  That  this  act 
shall  not  apply  to  any  case  where  such  office  has  here- 
tofore been  filled  by  election. 
oct.ii,  1862  165.  That  all  companies,  battalions,  and  regiments 
infantry  '      of  infantry  raised  or  organized  before  the  first  day  of 


MILITARY    LAWS.  65 

December  next  within  the  limits  of  Middle  and  West  Jjj^f™ 
Tennessee,  to  be  composed  of  residents  of  said  dis-  ^^-^j 
tricts,  may  be   accepted  by  the  President  when,  in  his  Tennessee. 
opinion,  the  public  interest  will  be  promoted  thereby, 
and  said  troops  shall  be  allowed  to  elect  their  own  offi- 
cers for  the  first  election,  after  which  all  vacancies 
shall  be  filled  by  the  President  under  the  act,  and  the 
acts  amendatory  of  the  same,  providing  for  the  public 
defence,  passed  sixteenth  of  April,  eighteen  hundred 
and  sixty-two,  and  also  such  counties  in  North  Caro- 
lina lying  east  of  the  line  of  the  Wilmington  and  Wel- 
don  railroad  as  are  beyond  the  lines  of  the  army  and 
exposed  to  the  incursions  of  the  enemy. 

166.  That  from  and  after  the  passage  of  this  act  all  Feb.  rr,i864 

J  &  §  1,  ch.  65. 

white  men,  residents  of  the  Confederate  States,  be-  ofaiiwwte 

men  be- 
tween the  ages  of  seventeen  and  fifty,  shall  be  in  the  tweenseven- 

military  service  of  the  Confederate  States  for  the  war.  fifty. 

167.  That  all  the  persons  aforesaid,  between   the  ibid,  \  2. 
ages  of  eighteen  and  forty-five,  now  in  service,  shall  ganizations 
be  retained,  during  the  present  war  with  the  United  served™ 
States,  in  the  same  regiments,  battalions,  and  compa- 
nies to  which  they  belong  at  the  passage  of  this  act, 

with  the  same  organization  and  officers,  unless  regu- 
larly transferred  or  discharged,  in  accordance  with  the 
laws  and  regulations  for  the  government  of  the  army  : 
Provided,  That  companies  from  one  state,  organized  pr0viso. 
against  their  consent,  expressed  at  the  time,  with  regi- 
ments or  battalions  from  another  state,  shall  have  the 
privilege  of  being  transferred  to  organizations  of  troops 
in  the  same  arm  of  the  service  from  the  state  in  which 
said  companies  were  raised ;  and  the  soldiers  from  one 
state  in  companies  from  another  state  shall  be  allowed, 
if  they  desire  it,  a  transfer  to  organizations  from  their 
own  state  in  the  same  arm  of  the  service. 

168.  That  no  person  shall  be  relieved  from  the  opera-  ibid,  §4. 
tion  of  this  act  by  reason  of  having  been   heretofore  heretofore 
discharged  from  the  army,  where  no    disability  now 

exists,  nor  shall  those  who  have  furnished  substitutes  Persons  who 
be  any  longer  exempted  by  reason  thereof :  Provided,  nfshed^ub- 
That  no  person  heretofore  exempted  on  account  of  re-  stltutes- 
ligious  opinions,  and  who  has  paid  the  tax  levied  to 
5 


66 


DIGEST    OF 


Ibid,  §  5. 
Time  and 
place  of  en- 
rolment. 


Ibid,  j}  6. 

Voluntary 

organiza- 


relieve  him  from  service,  shall   be  required  to  render 
military  service  under  this  act  [181]. 

169.  That  all  white  male  residents  of  the  Confeder- 
ate States,  between  the  ages  of  seventeen  and  eighteen 
and  forty-five  and  fifty  years,  shall  enroll  themselves, 
at  such  times  and  places,  and  under  such  regulations 
as  the  President  may  prescribe,  the  time  allowed  not 
being  less  than  thirty  days  for  those  east,  and  sixty 
days  for  those  west  of  the  Mississippi  river;  and  any 
person  who  shall  fail  so  to  enroll  himself,  without  a  rea- 
sonable excuse  therefor,  to  be  judged  of  by  the  Presi- 
dent, shall  be  placed  in  service  in  the  field  for  the  war 
in  the  same  manner  as  though  he  were  between  the  ages 
of  eighteen  and  forty-five :  Provided,  That  the  persons 
mentioned  in  this  section  shall  constitute  a  reserve  for 
state  defence  and  detail  duty,  and  shall  not  be  required 
to  perform  service  out  of  the  state  in  which  they  reside. 

170.  That  all  persons  required  by  the  fifth  section 
of  this  act  to  enroll  themselves  may,  within  thirty 
days  after  the  passage  hereof,  east  of  the  Mississippi 
river,  and  within  sixty  days  if  west  of  said  river,  form 
themselves  into  voluntary  organizations  of  companies, 
battalions,  or  regiments,  and  elect  their  own  officers — 
said  organizations  to  conform  to  the  existing  law;  and 
having  so  organized,  to  tender  their  services  as  volun- 
teers during  the  war  to  the  President ;  and  if  such  or- 
ganization shall  furnish  proper  muster-rolls,  as  now 
required,  and  deposit  a  copy  thereof  with  the  enrolling 
officer  of  their  district  (which  shall  be  equivalent  to 
enrolment),  they  may  be  accepted  as  minute-men  for 
service  in  such  state,  but  in  no  event  to  be  taken  out 
of  it.  Those  who  do  not  so  volunteer  and  organize, 
shall  enroll  themselves  as  before  provided,  and  may, 
by  the  President,  be  required  to  assemble  at  places  of 

Rendezvous,  rendezvous,  and  be  formed  into  companies,  battalions, 
and  regiments  under  regulations  to  be  prescribed  by 
him,  and  shall  have  the  right  to  elect  their  company 
and  regimental  officers;  and  all  troops  organized  un- 
der this  act  for  state  defence  shall  be  entitled,  while 
in  actual  service,  to  the  same  pay  and  allowances  as 
troops  now  in  the  field. 


MILITARY    LAWS.  67 

171.  That  any  person  who  shall  fail  to  attend  at  the  j^f/^ 
place  of  rendezvous,  as  required  by  the  authority  of  **|^** 
the  President,  without  a  sufficient  excuse,  to  he  judged 

of  by  him,  shall  be  liable  to  be  placed  in  service  in  the 
field  for  the  war  as  if  he  were  between  the  ages  of 
eighteen  and  forty-five  years. 

172.  That  hereafter  the  duties  of  provost  and  hos-  ibid,  ?s. 

Employees 

pital  guards  and  clerks,  of  clerks,  guards,  agents,  em-  of  Quarter- 
ployees  or  laborers  in  the  Commissary's  and  Quarter-  commis- 

»       i  .        ,.        A     .  .  sary's  de- 

master  s  departments,  in  the  Ordnance  department,  payments, 
and  clerks  and  employees  of  Navy  Agents,  as  also  in 
the  execution  of  the  Enrolment  acts,  and  all  similar 
duties,  shall  be  performed  by  persons  who  are  within 
the  ages  of  eighteen  and  forty-five  years,  and  who,  by 
the  report  of  a  board  of  army  surgeons,  shall  be  re- 
ported as  unable  to  perform  active  service  in  the  field, 
but  capable  of  performing  some  of  the  above-named 
duties,  specifying  which ;  and  when  those  persons 
shall  have  been  assigned  to  those  duties  as  far  as  prac- 
ticable, the  President  shall  detail  or  assign  to  their 
performance  such  bodies  of  troops  or  individuals,  re- 
quired to  be  enrolled  under  the  fifth  section  of  this  act, 
as  may  be  needed  for  the  discharge  of  such  duties  : 
Provided,  That  persons  between  the  ages  of  seventeen 
and  eighteen  shall  not  be  assigned  to  these  duties  : 
Provided,  further,  That  nothing  contained  in  this  act 
shall  be  so  construed  as  to  prevent  the  President  from 
detailing  artisans,  mechanics,  or  persons  of  scientific 
skill  to  perform  indispensable  duties  in  the  depart- 
ments or  bureaus  herein  mentioned. 

173.  That   any  quartermaster  or  assistant  quarter-  p^alf  9for 
master,  commissary  or   assistant  commissary  Cother  violating    . 

}..■>..  V  provisions  of 

than  those  serving  with  regiments  and  brigades  in  foregoing 
the  field),  or  officer  in  the  ordnance  bureau,  or  navy 
agent,  or  provost  marshal,  or  officer  in  the  conscript 
service,  who  shall  hereafter  employ  or  retain  in  his 
employment  any  person  in  any  of  their  said  depart- 
ments or  bureaus,  or  in  any  of  the  duties  mentioned 
in  the  eighth  section  of  this  act,  in  violation  of  the 
provisions  hereof,  shall,  on  conviction  thereof  by  a 
court-martial  or  military  court,  be  cashiered  •  and  it 


68  DIGEST    OF 

shall  be  the  duty  of  any  department  or  district  com- 
mander, upon  proof  by  the  oath  of  any  credible  per- 
son, that  any  such  officer  has  violated  this  provision, 
immediately  to  relieve  such  officer  from  duty ;  and 
said  commander  shall  take  prompt  measures  to  have 
him  tried  for  such  offence;  and  any  commander  as 
aforesaid  failing  to  perform  the  duties  enjoined  by  this 
section,  shall,  upon  being  duly  convicted  thereof,  be  dis- 
missed from  the  service. 

ibid,?  11.  174.  That  the  President  be  and  he  is  hereby  author- 

Detaiis.         m  •  -> 

ized  to  grant  details,  under  general  rules  and  regula- 
tions to  be  issued  by  the  War  department,  either  from 
persons  between  forty-five  and  fifty  years  of  age,  or 
from  the  army  in  the  field,  in  all  cases  when,  in  his 
judgment,  justice,  equity,  and  necessity  require  such 
details,  and  he  may  revoke  such  orders  of  details  when- 
ever he  thinks  proper  :  Provided,  That  the  power  here- 
in granted  to  the  President  to  make  details  and  ex- 
emptions shall  not  be  construed  to  authorize  the 
exemption  or  detail  of  any  contractor  for  furnishing 
supplies  of  any  kind  to  the  government,  by  reason  of 
said  contract,  unless  the  head  or  secretary  of  the  de- 
partment making  such  contract  shall  certify  that  the 
personal  services  of  said  contractor  are  indispensable 
to  the  execution  of  the  contract :  Provided,  further, 
That  when  any  such  contractor  shall  fail  diligently 
and  faithfully  to  proceed  with  the  execution  of  such 
contract,  his  exemption  or  detail  shall  cease. 
Local  boards  175.  That  in  appointing  local  boards  of  surgeons  for 
of  surgeons.  ^ne  examination  of  persons  liable  to  military  service, 
no  member  composing  the  same  shall  be  appointed 
from  the  county  or  enrolling  district  in  which  they 
are  required  to  make  such  examination. 

X.  Camps  of  Instruction. 
Oct.  8, 1862        176.  That  the  President  be  and  he  is  hereby  author- 

ch  29 

Established,  ized  to  establish  camps  of  instruction  for  persons 
enrolled  for  military  service,  at  such  places  and  in 
such  numbers  in  the  several  states  as  he  may  deem 
necessary,  and  to  appoint,  by  and  with  the  advice  and 
consent   of   the   Senate,  officers   in   the   Provisional 


MILITARY    LAWS. 


69 


Army,  with  the  rank  and  pay  of  major,  to  superin- 
tend and  command  the  same.* 

XL  Employment  of  Negroes. 

177.  Whereas  the  efficiency  of  the  army  is  greatly  Feb.  JVJ&64 
diminished  by  the  withdrawal  from  the  ranks  of  able-  Male  free 

"  ,  .  negroes. 

bodied  soldiers  to  act  as  teamsters,  and  in  various 
other  capacities  in  which  free  negroes  and  slaves 
might  be  advantageously  employed  :  Therefore, 

The  Congress  of  the  Confederate  States  of  America  do 
enact,  That  all  male  free  negroes  and  other  free  per- 
sons of  color,  not  including  those  who  are  free  under 
the  Treaty  of  Paris  of  1803,  or  under  the  Treaty  of 
Spain  of  1819,  resident  in  the  Confederate  States, 
between  the  ages  of  eighteen  and  fifty  years,  shall  be 
held  liable  to  perform  such  duties  with  the  army,  or 
in  connection  with  the  military  defences  of  the  coun- 
try, in  the  way  of  work  upon  fortifications  or  in  gov- 
ernment works  for  the  production  or  preparation  of 
materials  of  war,  or  in  military  hospitals,  as  the 
Secretary  of  "War  or  the  commanding  general  of  the 
trans-Mississippi  department  may  from  time  to  time 
prescribe;  and  while  engaged  in  the  performance  of 
such  duties  shall  receive  rations  and  clothing,  and  Sothlng,and 
compensation  at  the  rate  of  eleven  dollars  a  month,  t?™pensa" 
under  such  rules  and  regulations  as  the  said  Secretary 
may  establish  :  Provided,  That  the  Secretary  of  War 
or  the  commanding  general  of  the  trans-Mississippi 
department,  with  the  approval  of  the  President,  may 
exempt  from  the  operations  of  this  act  such  free 
negroes  as  the  interests  of  the  country  may  require 
should  be  exempted,  or  such  as  he  may  think  proper  Exemptions 
to  exempt  on  grounds  of  justice,  equity,  or  necessity. 

178.  That  the  Secretary  of  War  is  hereby  author-  ^afene'ro 
ized  to  employ,  for  duties  similar  to  those  indicated  8laves- 

in  the  preceding  section  of  this  act,  as  many  male 
negro  slaves,  not  to  exceed  twenty  thousand,  as  in  his 
judgment  the  wants  of  the  service  may  require,  fur- 
nishing them,  while  so  employed,  with  proper  rations 

*  For  drill-masters  for  camps  of  instruction,  see  303. 


70 


DIGEST    OF 


Bations, 
clothing, 
and  wages. 


In  case  of 
loss  of  slave. 


Ibid,  I  3. 
When  male 
slaves  may 
be  impress- 
ed. 


and  clothing,  under  rules  and  regulations  to  be  estab- 
lished by  him,  and  paying  to  the  owners  of  said 
slaves  such  wages  as  may  be  agreed  upon  with  said 
owners  for  their  use  and  service ;  and  in  the  event  of 
the  loss  of  any  slaves  while  so  employed,  by  the  act 
of  the  enemy,  or  by  escape  to  the  enemy,  or  by  death 
inflicted  by  the  enemy,  or  by  disease  contracted  while 
in  any  service  required  of  said  slaves,  then  the  own- 
ers of  the  same  shall  be  entitled  to  receive  the  full 
value  of  such  slaves,  to  be  ascertained  by  agreement 
or  by  appraisement,  under  the  law  regulating  impress- 
ments, to  be  paid  under  such  rules  and  regulations  as 
the  Secretary  of  War  may  establish. 

179.  That  when  the  Secretary  of  War  shall  be 
unable  to  procure  the  services  of  slaves  in  any  mili- 
tary department  in  sufficient  numbers  for  the  necessi- 
ties of  the  department,  upon  the  terms  and  conditions 
set  forth  in  the  preceding  section,  then  he  is  hereby 
authorized  to  impress  [436]  the  services  of  as  many 
male  slaves,  not  to  exceed  twenty  thousand,  as  may 
be  required,  from  time  to  time,  to  discharge  the  duties 
indicated  in  the  first  section  of  this  act,  according  to 
the  laws  regulating  the  impressment  of  slaves  in  other 
cases  :  Provided,  That  slaves  so  impressed  shall,  while 
employed,  receive  the  same  rations  and  clothing,  in 
kind  and  quantity,  as  slaves  regularly  hired  from 
their  owners,  and  in  the  event  of  their  loss,  shall  be 
paid  for  in  the  same  manner,  and  under  the  same 
rules  established  by  the  said  impressment  laws  :  Pro- 
vided, That  if  the  owner  have  bat  one  male  slave 
between  the  ages  of  eighteen  and  fifty,  he  shall  not 
be  impressed  against  the  will  of  said  owner  :  Provided, 
further,  that  free  negroes  shall  be  first  impressed,  and 
if  there  should  be  a  deficiency,  it  shall  be  supplied  by 
the  impressment  of  slaves  according  to  the  foregoing 
provisions  :  Provided,  further,  That  in  making  the  im- 
pressment not  more  than  one  of  every  five  male 
slaves  between  the  ages  of  eighteen  and  forty-five 
shall  be  taken  from  any  owner,  care  being  taken  to 
allow  in  each  case  a  credit  for  all  slaves  who  may 
have  been  already  impressed  under  this  act,  and  who 


MILITARY    LAWS.  71 

are  still  in  service,  or  have  died,  or  been  lost  while  in 
service.  And  all  impressments  under  this  act  shall 
be  taken  in  equal  ratio  from  all  owners  in  the  same 
locality,  city,  county,  or  district. 

XII.  Exemption. 

180.  ["That  all  persons  who  shall  be  held  to  be  unfit  April  21, 

•  ,  1  1  .1       t    1         1862,  ch.  74. 

for  military  service  under  rules  to  be  prescribed  by  [Repealed; 
the  Secretary  of  War;  all  in  the  service  or  employ  of  whatp'er- 
the  Confederate  States;  all  judicial  and  executive  exempted, 
officers  of  the  Confederate  or  State  governments ;  the 
members  of  both  Houses  of  the  Congress  and  of  the 
Legislatures  of  the  several  states  and  their  respective 
officers ;  all  clerks  of  the  officers  of  the  State  and 
Confederate  governments  allowed  by  law;  all  engaged 
in  carrying  the  mails;  all  ferrymen  on  post-routesv; 
all  pilots  and  persons  engaged  in  the  marine  service 
and  in  actual  service  on  river  and  railroad  routes  of 
transportation;  telegraphic  operators,  and  ministers 
of  religion  in  the  regular  discharge  of  ministerial 
duties ;  all  engaged  in  working  iron  mines,  furnaces, 
and  foundries;  all  journeymen  printers  actually  em- 
ployed in  printing  newspapers;  all  presidents  and 
professors  of  colleges  and  academies,  and  all  teachers 
having  as  many  as  twenty  scholars  ;  superintendents 
of  the  public  hospitals,  lunatic  asylums,  and  the  regu- 
lar nurses  and  attendants  therein,  and  the  teachers 
employed  in  the  institution  for  the  deaf,  and  dumb, 
and  blind;  in  each  apothecary-store  now  established 
and  doing  business,  one  apothecary  in  good  standing, 
who  is  a  practical  druggist;  superintendents  and  oper- 
atives in  wool  and  cotton  factories,  who  may  be  ex- 
empted by  the  Secretary  of  War — shall  be  and  are 
hereby  exempted  from  military  service  in  the  armies 
of  the  Confederate  States.] 

181.  [That  all  persons  who  shall  be  held  unfit  for  Oct.  11, 1862 
L  L  a  1,  ch.  45. 

military  service  in  the  field,  by  reason  of  bodily  or  [Repealed; 

mental  incapacity  or  imbecility,  under  rules  to  be  Officers' of 
prescribed  by  the  Secretary  of  War ;  the  Vice-Presi-  erate  and 
dent  of  the  Confederate  States;  the  officers,  judicial  eminent! 
and  executive,  of  the  Confederate  and  State  govern- 


72  DIGEST    OF 

ments,  including  postmasters  appointed  by  the  Presi- 
dent and  confirmed  by  the  Senate,  and  such  clerks  in 
their  offices  as  are  allowed  by  the  Postmaster-General, 
and  now  employed,  and  excluding  all  other  postmas- 
ters, their  assistants,  and  clerks;  and  except  such  state 
officers  as  the  several  states  may  have  declared,  or 
may  hereafter  declare  by  law  to  be  liable  to  militia 
duty;  the  members  of  both  houses  of  the  Congress  of 
the  Confederate  States  and  of  the  Legislatures  of  the 
several  states,  and  their  respective  officers ;  all  clerks 
now  in  the  offices  of  the  Confederate  and  State  gov- 
ernments authorized  by  law,  receiving  salaries  or  fees; 
state  troops.  an  volunteer  troops,  heretofore  raised  by  any  state 
since  the  passage  of  the  act  entitled  "  An  act  further 
to  provide  for  the  public  defence,"  approved  April 
the  sixteenth,  eighteen  hundred  and  sixty-two  [143], 
while  such  troops  shall  be  in  active  service  under 
state  authority :  Provided,  That  this  exemption  shall 
not  apply  to  any  person  who  was  liable  to  be  called  into 
service  by  virtue  of  said  act  of  April  the  sixteenth, 
eighteen  hundred  and  sixty-two ;  all  pilots  and  persons 
engaged  in  the  merchant  marine  Bervice;  the  president, 
tcrte'roh  superintendents,  conductors,  treasurer,  chief  clerk, 
and  boat       engineers,  managers,  station-agents,  section-masters, 

employees.  °  '  °         '  °~  ' 

two  expert  track-hands  to  each  section  of  eight  miles, 
and  mechanics  in  the  active  service  and  employment 
of  railroad  companies,  not  to  embrace  laborers,  por- 
ters, and  messengers;  the  president,  general  superin- 
tendent, and  operators  of  telegraph  companies,  the 
local  superintendent  and  operators  of  said  companies, 
not  to  exceed  four  in  number  at  any  locality,  but  that 
of  the  seat  of  government  of  the  Confederate  States; 
the  president,  superintendents,  captains,  engineers' 
chief  clerk,  and  mechanics  in  the  active  service  and 
employment  of  all  companies  engaged  in  river  and 
canal  navigation,  and  all  captains  of  boats  and  engi- 
printers  and  neers  therein  employed ;  one  editor  of  each  newspaper 
newspapers'/  now  being  published,  and  such  employees  as  the  edi- 
tor or  proprietor  may  certify,  upon  oath,  to  be  indis- 
pensable for  conducting  the  publication;  the  public 
printer,  and  those  employed  to  perform  the  public 


MILITARY    LAWS.  73 

printing  for  the  Confederate  and  State  governments; 

every  minister  of  religion  authorized  to  preach  accord-  Ministers  of 

J  °  _  x  religion,  and 

ing  to  the  rules  of  his  sect  and  in  the  regular  discharge  others. 
of  ministerial  duties,  and  all  persons  who  have  been 
and  now  are  members  of  the  society  of  Friends  and 
the  association  of  Dunkards,  Nazarenes,  and  Men- 
nonists,  in  regular  membership  in  their  respective 
denominations :  Provided,  Members  of  the  society  of 
Friends,  ISTazarenes,  Mennonists,  and  Dunkards  shall 
furnish  substitutes  or  pay  a  tax  of  five  hundred  dol- 
lars each  into  the  public  treasury  [168]  ;  all  physicians  Physicians, 
who  now  are,  and  for  the  last  five  years  have  been,  in 
the  actual  practice  of  their  profession ;  all  shoemakers,  Mechamcs- 
tanners,  blacksmiths,  wagon-makers,  millers  and  their 
engineers,  millwrights,  skilled  and  actually  employed 
as  their  regular  vocation  in  the  said  trades,  habitually 
engaged  in  working  for  the  public,  and  while  so 
actually  employed  :  Provided,  Said  persons  shall  make 
oath  in  writing  that  they  are  so  skilled  and  actually 
employed  at  the  time  as  their  regular  vocation  in  one 
of  the  above  trades,  which  affidavit  shall  only  be  prima 
facie  evidence  of  the  facts  therein  stated :  Provided,  Proviso. 
further,  That  the  exemptions  herein  granted  to  persons 
by  reason  of  their  peculiar  mechanical  or  other  occu- 
pation or  employment,  not  connected  with  the  public 
service,  shall  be  subject  to  the  condition  that  the  pro- 
ducts of  the  labor  of  such  exempts,  or  of  the  compa- 
nies and  establishments  with  which  they  are  connect- 
ed, shall  be  sold  and  disposed  of  by  the  proprietors  at 
prices  not  exceeding  seventy-five  per  centum  upon  the 
cost  of  production,  or  within  a  maximum  to  be  fixed 
by  the  Secretary  of  War,  under  such  regulations  as 
he  may  prescribe  :  And  it  is  further  provided,  That  if 
the  proprietors  of  any  such  manufacturing  establish- 
ments shall  be  shown,  upon  evidence  to  be  submitted 
to  and  judged  of  by  the  Secretary  of  War,  to  have 
violated  or  in  any  manner  evaded  the  true  intent  and 
spirit  of  the  foregoing  proviso,  the  exemptions  there- 
in granted  shall  no  longer  be  extended  to  them,  their 
superintendents,  or  operatives  in  said  establishments, 
but  they,  and  each  and  every  of  them,  shall  be  forth- 


74 


DIGEST    OF 


Superin- 
tendents of 
hospitals, 
others. 


Apotheca- 
ries. 


Employees 
for  the  man- 
ufacture of 
arms,  etc. 


with  enrolled  under  the  provisions  of  this  act,  and 
ordered  into  the  Confederate  army,  and  shall,  in  no 
event,  be  again  exempted  therefrom  by  reason  of  said 
manufacturing  establishments  or  employment  there- 
in; all  superintendents  of  public  hospitals,  lunatic 
asylums,  and  the  regular  physicians,  nurses,  and  at- 
tendants therein,  and  the  teachers  employed  in  the 
institutions  for  the  deaf,  dumb,  and  blind;  in  each 
apothecary-store,  now  established  and  doing  business, 
one  apothecary  in  good  standing,  who  is  a  practical 
apothecary;  superintendents  and  operators  in  wool 
and  cotton  factories,  paper-mills,  and  superintendents 
and  managers  of  wool-carding  machines,  who  may  be 
exempted  by  the  Secretary  of  War:  Provided,  The 
profits  of  such  establishments  shall  not  exceed  seven- 
ty-five per  centum  upon  the  cost  of  production,  to  be 
determined  upon  oath  of  the  parties,  subject  to  the 
same  penalties  for  violation  of  the  provisions  herein 
contained  as  are  hereinbefore  provided  in  case  of 
other  manufactories  and  mechanical- employments ; 
all  presidents  and  teachers  of  colleges,  academies, 
schools,  and  theological  seminaries,  who  have  been 
regularly  engaged  as  such  for  two  years  previous  to 
the  passage  of  this  act ;  all  artisans,  mechanics,  and 
employees  in  the  establishments  of  the  government 
for  the  manufacture  of  arms,  ordnance,  ordnance 
stores,  and  other  munitions  of  war,  saddles,  harness, 
and  army  supplies,  who  may  be  certified  by  the  offi- 
cer in  charge  thereof  as  necessary  for  such  estab- 
lishments ;  also,  all  artizans,  mechanics,  and  employ- 
ees in  the  establishments  of  such  persons  as  are  or 
may  be  engaged  under  contracts  with  the  government 
in  furnishing  arms,  ordnance,  oi'dnance  stores,  and 
other  munitions  of  war:  Provided,  That  the  Chief  of 
the  Ordnance  bureau,  or  some  ordnance  officer  author- 
ized by  him  for  the  purpose,  shall  approve  of  the 
number  of  the  operatives  required  in  such  establish- 
ments; all  persons  employed  in  the  manufacture  of 
iirms  or  ordnance  of  any  kind  by  the  several  states, 
or  by  contractors  to  furnish  the  same  to  the  several 
state  governments,  whom  the  governor  or  secretary 


MILITARY    LAWS.  75 

of  state  thereof  may  certify  to  be  necessary  to  the 
same;  all  persons  engaged  in  the  construction  of  ships,  ship-buiid- 
gunboats,  engines,  sails,  or  other  articles  necessary  to 
the  public  defence,  under  the  direction  of  the  Secreta- 
ry of  the  Navy  j  all  superintendents,  managers,  me- 
chanics, and  miners  employed  in  the  production  and  Miners  of 

7  1  •/  L  sajt)  iroll) 

manufacture  of  salt  to  the  extent  of  twenty  bushels  and  lead, 
per  day,  and  of  lead  and  iron,  and  all  persons  engaged 
in  burning  coke  for  smelting  and  manufacture  of  iron, 
regular  miners  in  coal-mines,  and  all  colliers  engaged 
in  making  charcoal  for  making  pig  and  bar  iron,  not 
to  embrace  laborers,  messengers,  wagoners,  and  ser- 
vants, unless  employed  at  works  conducted  under  the 
authority  and  by  the  officers  or  agents  of  a  state,  or 
in  works  employed  in  the  production  of  iron  for  the 
Confederate  States;  one  male  citizen  for  eveiy  five 
hundred  head  of  cattle,  for  every  two  hundred  and  stoek-rai«- 
fifty  head  of  horses  or  mules,  and  one  shepherd  for 
every  five  hundred  head  of  sheep,  of  such  persons  as 
are  engaged  exclusively  in  raising  stock:  Provided, 
There  is  no  white  male  adult  not  liable  to  do  military 
duty  engaged  with  such  person  in  raising  said  stock ; 
to  secure  the  proper  police  of  the  country  [one  person, 
either  as  agent,  owner,  or  overseer  on  each  plantation  owners  or 

.  .  .-iii  i  overseers  on 

on  which  one  white  person  is  required  to  be  kept  by  plantations 
the  laws  or  ordinances  of  any  state,  and  on  which  negroes, 
there  is  no  white  male  adult  not  liable  to  do  military 
service,  and  in  states  having  no  such  law,  one  person 
as  agent,  owner,  or  overseer  on  each  plantation  of 
twenty  negroes,  and  on  which  there  is  no  white  male 
adult  not  liable  to  military  service  :  And,  furthermore, 
For  additional  police  for  every  twenty  negroes  on  two 
or  more  plantations,  within  five  miles  of  each  other, 
and  each  having  less  than  twenty  negroes,  and  on 
which  there  is  no  white  male  adult  not  liable  to  mili- 
tary duty,  one  person,  being  the  oldest  of  the  owners 
or  overseers  on  such  plantations*];  and  such  other 
persons  as  the  President  shall  be  satisfied,  on  account 
of  justice,  equity,  or  necessity,  ought  to  be  exempted, 

*  Repealed,  see  183. 


76 


DIGEST    OF 


Duration  of 

exemptions. 


Ibid,  £  2 
Kepeal  of 
Exemption 
act  of  April 
21,  1862. 


May  1,  1863 
1 1,  ch.  80. 
[Repealed; 
see  189.] 
Kepeal  of  so 
much  of  the 
act  of  Oct. 
11.  1862,  as 
relates  to  the 
exemption 
of  persons 
oil  planta- 
tions. 


Ibid.  I  2. 
For  th'e 
police  and 
manage- 
ment of 
slaves. 


are  hereby  exempted  from  military  service  in  the 
armies  of  the  Confederate  States;  and  also  a  regiment 
raised  under  and  by  authority  of  the  State  of  Texas, 
for  frontier  defence,  now  in  the  service  of  said  state, 
while  in  such  service  :  Provided,  further,  That  the  ex- 
emptions herein  above  enumerated  and  granted  here- 
by, shall  only  continue  while  the  persons  exempted 
are  actually  engaged  in  their  respective  pursuits  or 
occupations. 

182.  That  the  act  entitled  "An  act  to  exempt  cer- 
tain persons  from  eni-olment  for  service  in  the  armies 
of  the  Confederate  States  "  [180],  approved  the  twen- 
ty-first of  April,  eighteen  hundred  and  sixty-two,  is 
herebjr  repealed. 

183.  [That  so  much  of  the  act  approved  October 
eleventh,  one  thousand  eight  hundred  and  sixty -two, 
as  exempts  from  military  service  "  one  person,  either 
as  agent,  owner,  or  overseer  on  each  plantation  on 
which  one  white  person  is  required  to  be  kept  by  the 
laws  or. ordinances  of  any  state,  and  on  which  there 
is  no  white  male  adult  not  liable  to  military  service, 
and  in  states  having  no  such  law,  one  person  as  agent, 
owner,  or  overseer  on  each  plantation  of  twenty 
negroes,  and  on  which  there  is  no  white  male  adult 
not  liable  to  military  service,"  and  also  the  following 
clause  in  said  act,  to  wit :  "And  furthermore,  for  addi- 
tional police  for  every  twenty  negroes  on  two  or 
more  plantations,  within  five  miles  of  each  other,  and 
each  having  less  than  twenty  negroes,  and  on  which 
there  is  no  white  male  adult  not  liable  to  military 
duty,  one  person,  being  the  oldest  of  the  ownei'S  or 
overseers  on  such  plantations,"  be  and  the  same  are 
hereby  repealed. 

184.  For  the  police  and  management  of  slaves,  there 
shall  be  exempted  one  person  on  each  farm  or  planta- 
tion, the  sole  property  of  a  minor,  a  person  of  unsound 
mind,  a  feme-sole,  or  a  person  absent  from  home  in 
the  military. or  naval  service  of  the  Confederacy,  on 
which  there  are  twenty  or  more  slaves :  Provided, 
The  person  so  exempted  was  employed  and  acting  as 
an   overseer  previous  to  the  sixteenth  of  April,  one 


MILITARY    LAWS.  77 

thousand  eight  hundred  and  sixty-two,  and  there  is 
no  white  male  adult  on  said  farm  or  plantation  who 
is  not  liable  to  military  duty — which  fact  shall  be 
verified  by  the  affidavits  of  said  person  and  two 
respectable  citizens,  and  shall  be  filed  with  the  enroll- 
ing officer:  And  provided,  The  owner  of  such  farm  or 
plantation,  his  agent  or  legal  representative,  shall  make 
affidavit  and  deliver  the  same  to  the  enrolling  officer, 
that,  after  diligent  effort,  no  overseer  can  be  procured 
for  such  farm  or  plantation  not  liable  to  military 
duty :  Provided,  further,  That  this  clause  shall  not 
extend  to  any  farm  or  plantation  on  which  the 
negroes  have  been  placed  by  division  from  any  other 
farm  or  plantation  since  the  eleventh  day  of  October, 
one  thousand  eight  hundred  and  sixty-two :  Provided, 
further,  That  for  every  person  exempted  as  aforesaid, 
and  during  the  period  of  such  exemption,  there  shall 
be  paid  annually  into  the  public  treasury,  by  the  own- 
ers of  such  slaves,  the  sum  of  five  hundred  dollars. 

185.  Such  other  persons  shall  be  exempted  as  the  ibid,  g  3. 

..  .       For  the  pro- 

President  shall  be  satisfied  ought  to  be  exempted  in  auction  of 
districts  of  country  deprived  of  white  or  slave  labor  visions. 
indispensable  to  the  production  of  grain  or  provisions 
necessary  for  the  support  of  the  population  remaining 
at  home,  and  also  on  account  of  justice,  equity,  and 
necessity. 

186.  In  addition  to  the  state  officers  exempted  by  ibid,  g4. 

/"»  i  i.ii  State  officers 

the  act  of  October  eleventh,  one  thousand  eight  hun-  exemptedoy 

ii  i'i  r--ini-ii  lni        1        '  i     the  govern- 

dred  and  sixty-two  [181],  there  shall  also  be  exempted  or. 
all  state  officers  whom  the  governor  of  any  state  may 
claim  to  have  exempted  for  the  due  administration  of 
the  government  and  laws  thereof;  but  this  exemption 
shall  not  continue  in  any  state  after  the  adjournment 
of  the  next  regular  session  of  its  legislature,  unless 
such  legislature  shall,  by  law,  exempt  them  from 
military  duty  in  the  Provisional  Army  of  the  Confed- 
erate States.] 

187.  That  the  contractors  for  carrying  the  mails  of  \^l\. 
the  Confederate  States  shall  be  exempt  from  the  per-  contractors!1 
formance  of  military  duty  in  the  armies  of  the  Con- 
federate States  from  and  after  the  passage  of  this  act, 


78  DIGEST    OF 

during  the  time  they  are  such  contractors:  Provided, 
That  no  more  than  one  contractor  shall  be  exempt  on 
any  one  route,  and  that  no  more  than  one  member  of 
any  firm  of  contractors  shall  be  exempt,  and  no  con- 
tractor on  any  route  of  less  than  ten  miles  in  length, 
and  on  which  the  mail  is  carried  on  horse,  shall  be 
exempt  under  this  act;  and  if  one  or  more  members 
of  any  such  firm  be  exempt,  from  age  or  other  cause, 
from  the  performance  of  military  duty,  the  other 
member  or  members  of  such  firm  shall  not  be  exempt 
by  this  act  on  account  of  being  mail  contractors: 
And  provided,  further,  That  no  person  to  whom  a  con- 
tract for  carrying  the  mails  may  be  transferred,  with 
the  consent  of  the  Postoffice  department,  after  the 
passage  of  this  act,  shall  be  exempt  from  military  ser- 
vice on  that  account, 
ibid,  g2.  188.  That  the  drivers  of  post-coaches  and  hacks  for 

Drivers  of  ■L 

mail-coaches  carrying  the  mails,  on  all  routes  where  the  weight  of 
the  mails  requires  that  they  should  be  carried  in 
coaches  or  hacks,  shall  be  exempt  from  military  ser- 
vice in  the  armies  of  the  Confederate  States,  from  and 
after  the  passage  of  this  act,  so  long  as  they  continue 
to  be  employed  as  such  drivers :  Provided,  The  con- 
tractor by  whom  any  such  driver  is  employed  shall 
take  and  subscribe  an  oath,  to  be  fui'nished  to  the  en- 
rolling officer,  that  the  weight  of  the  mails  on  his 
route  requires  the  use  of  coaches  or  hacks  for  their 
conveyance,  and  that  he  has  not  a  greater  number  of 
drivers  employed  in  his  service  than  are  indispensable 
to  enable  him  to  fulfil  his  contract  for  carrying  the 
mails,  and  that  he  will  not,  while  a  contractor,  employ 
a  greater  number  of  drivers  than  may  be  indispensa- 
bly necessary  for  that  purpose,  and  that  he  will  give 
notice  to  the  enrolling  officer  when  any  such  driver 
ceases  to  be  in  his  employment. 
fio'ch1^4'  -^9.  That  all  laws  granting  exemptions  from  mili- 
Repeaiof      tarv  service  be  and  the  same  are  hereby  repealed,  and 

former  laws.  •/  ■/        x 

hereafter  none  shall  be  exempted  except  the  follow- 


*  For  persons  exempt  on  account  of  religious  opinions,  see  168. 


MILITARY    LAWS. 


79 


I.  All  who  shall  be  held  unfit  for  military  service,  ^^f^ 
under  rules  to  be  prescribed  by  the  Secretary  of  War.  £,errgg°^°fit 

II.  The  Vice-President  of  the  Confederate  States:  certain con- 

'    federate  and 

the  members  and  officers  of  Congress  and  of  the  several  state  officers 
State  Legislatures,  and  such  other  Confederate  and 
Stute  officers  as  the  President  or  the  Governors  of  the 
respective  states  may  certify  to  be  necessary  for  the 
proper  administration  of  the  Confederate  or  State 
governments,  as  the  case  may  be. 

III.  Every  minister  of  religion  authorized  to  preach  Ministers  of 

•*  °  x  religion, 

according  to  the  rules  of  his  church,  and  who,  at  the  editors,  etc., 
passage  of  this  act,  shall  be  regularly  employed  in  the 
discharge  of  his  ministerial  duties;  superintendents 
and  physicians  of  asylums  of  the  deaf,  dumb,  and 
blind,  and  of  the  insane ;  one  editor  for  each  news- 
paper being  published  at  the  time  of  the  passage  of 
this  act,  and  such  employees  as  said  editor  may  certify 
on  oath  to  be  indispensable  to  the  publication  of  such 
newspaper;  the  public  printer  of  the  Confederate  and 
State  governments,  and  such  journeymen  printers  as 
the  said  public  printer  shall  certify  on  oath  to  be  in- 
dispensable to  perform  the  public  printing;  one  skilled 
apothecary  in  each  apothecary-store,  who  was  doing 
business  as  such  apothecary  on  the  tenth  day  of  Octo- 
ber, eighteen  hundred  and  sixty-two,  and  has  con- 
tinued said  business,  without  intermission,  since  that 
period  ;  all  physicians  over  the  age  of  thirty  years, 
who  now  are,  and  for  the  last  seven  years  have  been, 
in  the  actual  and  regular  practice  of  their  profession — 
but  the  term  physician  shall  not  include  dentists;  all 
presidents  and  teachers  of  colleges,  theological  semi- 
naries, academies,  and  schools,  who  have  been  regularly 
engaged  as  such  for  two  years  next  before  the  passage 
of  this  act:  Provided,  That  the  benefit  of  this  ex- 
emption shall  extend  to  those  teachers  only  whose 
schools  are  composed  of  twenty  students  or  more ;  all 
superintendents  of  public  hospitals,  established  by  law 
before  the  passage  of  this  act,  and  such  physicians  and 
nurses  therein  as  such  superintendent  shall  certify  on 
oath  to  be  indispensable  to  the  proper  and  efficient 
management  thereof. 


80  DIGEST    OF 

overseers,  jy    There  shall  be  exempt  one  person  as  overseer 

or  agriculturist  on  each  farm  or  plantation  upon  which 
there  are  now,  and  were,  upon  the  first  day  of  Jan- 
uary last,  fifteen  able-bodied  field-hands  between  the 
ages  of  sixteen  and  fifty,  upon  the  following  condi- 
tions :  1.  This  exemption  shall  only  be  granted  in 
cases  in  which  there  is  no  white  male  adult  on  the 
farm  or  plantation  not  liable  to  military  service,  nor 
unless  the  person  claiming  the  exemption  was,  on  the 
first  day  of  January,  eighteen  hundred  and  sixty-four, 
either  the  owner  and  manager  or  overseer  of  said 
plantation  ;  but  in  no  case  shall  more  than  one  person 
be  exempted  for  one  farm  or  plantation.  2.  Such  per- 
son shall  first  execute  a  bond,  payable  to  the  Confeder- 
ate States  of  America,  in  such  form,  and  with  such 
security,  and  in  such  penalty,  as  the  Secretary  of  War 
may  prescribe,  conditioned  that  he  will  deliver  to  the 
government,  at  some  railroad  depot,  or  such  other 
place  or  places  as  maybe  designated  by  the  Secretary 
of  War,  within  twelve  months  then  next  ensuing,  one 
hundred  pounds  of  bacon,  or,  at  the  election  of  the 
government,  its  equivalent  in  pork,  and  one  hundred 
pounds  of  net  beef  (said  beef  to  be  delivered  on  foot) 
for  each  able-bodied  slave  on  the  farm  or  plantation 
within  the  above  said  ages,  whether  said  slaves  be 
worked  in  the  field  or  not;  which  said  bacon  or  pork 
and  beef  shall  be  paid  for  by  the  government  at  the 
prices  fixed  by  the  commissioners  of  the  state  under 
.  the  Impressment  act:  Provided,  That  when  the  person 
thus  exempted  shall  produce  satisfactory  evidence 
that  it  has  been  impossible  for  him,  by  the  exercise  of 
proper  diligence,  to  furnish  the  amount  of  meat  thus 
contracted  for,  and  leave  an  adequate  supply  for  the 
subsistence  of  those  living  on  said  farm  or  plantation, 
the  Secretary  of  War  shall  direct  a  commutation  of 
the  same  to  the  extent  of  two-thirds  thereof  in  grain 
or  other  provisions,  to  be  delivered  by  such  person  as 
aforesaid,  at  equivalent  rates.  8.  Such  person  shall 
farther  bind  himself  to  sell  the  marketable  surplus  of 
provisions  and  grain  now  on  hand,  and  which  he  may 
raise  from  year  to  year,  while  his  exemption  continues, 


MILITARY    LAWS.  81 

to  the  government  or  to  the  families  of  soldiers,  at 
prices  fixed  by  the  commissioners  of  the  state  under 
the  Impressment  act:  Provided,  That  any  person,  ex- 
empted as  aforesaid,  shall  be  entitled  to  a  credit  of 
twenty-five  per  cent,  on  any  amount  of  meat  which  he 
may  deliver  within  three  months  from  the  passage  of 
this  act :  Provided,  further,  That  persons  coming  within 
the  provisions  of  this  exemption  shall  not  be  deprived 
thereof  by  reason  of  having  been  enrolled  since  the 
first  day  of  February,  eighteen  hundred  and  sixty-four. 

In  addition  to  the  foregoing  exemptions,  the  Secre-  Exemption 

.  -r,         .  or  details  for 

tary  of  War,  under  the  direction  of  the  President,  may  production 

•  i  i  .of  grain  or 

exempt  or  detail  such  other  person  as  he  may  be  satis-  provisions. 
fied  ought  to  be  exempted  on  account  of  public  neces- 
sity, and  to  insure  the  production  of  grain  and  pro- 
visions for  the  army  and  the  families  of  soldiers.  He 
may  also  grant  exemptions  or  details  on  such  terms  as 
he  may  prescribe,  to  such  overseers,  farmers,  or  plant- 
ers as  he  may  be  satisfied  will  be  more  useful  to  the 
country  in  the  pursuits  of  agriculture  than  in  the 
military  service :  Provided,  That  such  exemptions  shall 
cease  whenever  the  farmer,  planter,  or  overseer  shall 
fail  diligently  to  employ,  in  good  faith,  his  own  skill, 
capital,  and  labor  exclusively  in  the  production  of 
grain  and  provisions,  to  be  sold  to  the  government 
and  the  families  of  soldiers  at  prices  not  exceeding 
those  fixed  at  the  time  for  like  articles  by  the  commis- 
sioners of  the  state  under  the  Impressment  act. 

Y.  The  president,  treasurer,  auditor,  and  superin-  Officers  and 

r  '  '  '  L  employees  of 

tendent  of  any  railroad  company  engaged  in  trans-  certanraii- 

*'  ±        *  °    °  road  compa- 

portation  for  the  government,  and  such  officers  and  nies- 
employees  thereof  as  the  president  or  superintendent 
shall  certify  on  oath  to  be  indispensable  to  the  efficient 
operation  of  such  railroad:  Provided,  That  the  number 
of  persons  exempted  by  this  act  on  any  railroad  shall 
not  exceed  one  for  each  mile  of  such  road  in  actual 
use  for  military  transportation,  and  said  exempts  shall 
be  reported  by  name  and  description,  with  the  names 
of  any  who  may  have  left  the  employment  of  said 
company,  or  who  may  cease  to  be  indispensable  to  the 
efficient  operation  of  its  road,  at  least  once  a  month, 
6 


82  DIGEST    OF 

to  the  Secretary  of  War,  or  such  officer  as  he  may 
designate  for  that  purpose  :  And  provided,  further,  That 
such  president  or  superintendent  shall,  in  each  such 
monthly  report,  certify  on  oath  that  no  person  liable 
to  military  service  has  been  employed  by  his  company 
since  the  passage  of  this  act,  in  any  position  in  which 
it  was  practicable  to  employ  one  not  liable  to  military 
service,  and  capable  of  performing  efficiently  the 
duties  of  such  position.  And  in  cases  where  railroads 
have  fallen. into  the  hands  of  the  enemy,  and  a  portion 
of  the  rolling  stock  of  such  roads  is  being  used  on 
other  roads  not  in  the  enemy's  hands,  the  president 
and  superintendent  of  said  first-named  roads  shall  bo 
exempt. 
factors1"  ^-  That  nothing  herein  contained  shall   be  con- 

strued as  repealing  the  act  approved  April  fourteenth, 
eighteen  hundred  and  sixty-three,  entitled  an  act  to 
exempt  contractors  for  carrying  the  mails  of  the  Con- 
federate States,  and  the  drivers  of  post-coaches  and 
hacks  [187,  188]  from  military  service :  Provided, 
That  the  exemptions  granted  under  this  act  shall  only 
continue  whilst  the  persons  exempted  are  actually 
engaged  in  their  respective  pursuits  or  occupations. 

XIII.  ^Rendezvous. 

Oct.  n,i862       190.  That  there  shall  be  established  in  each  county, 
31,  ch.  41.  .  .  .  Ji 

For  exami-    parish,  or  district,  and  in  any  city  in  a  county,  parish, 

persons  or  district  in  the  several  states,  a  place  of  rendezvous 
for  the  persons  in  said  county,  district,  parish,  or  city 
enrolled  for  military  duty  in  the  field,  who  shall  be 
there  examined  by  one  or  more  surgeons,  to  be  em- 
ployed by  the  government,  to  be  assigned  to  that  duty 
by  the  President,  on  a  day  of  which  ten  days'  notice 
shall  be  given  by  said  surgeon,  and  from  day  to  day 
next  thereafter,  until  all  who  shall  be  in  attendance 
for  the  purpose  of  examination  shall  have  been  exam- 
ined; and  the  decision  of  said  surgeons,  under  regula- 
tions to  be  established  by  the  Secretary  of  War,  as  to 
the  physical  and  mental  capacity  of  any  such  person 
for  military  duty  in  the  field,  shall  be  final;  and  those 
only  thus  ascertained  to  be  fit  for  military  duty  in  the 


enrolled. 


MILITARY    LAWS.  83 

field  shall  be  required  to  assemble  at  camps  of  instruc- 
tion [176]. 

191.  There  shall  be  assigned  to  each  congressional  ibid, g 2. 

&  °  Board  of  ex- 

district  in  the  several  states  three  surgeons,  who  shall  animation. 
constitute  a  board  of  examination  in  such  district  for 
the  purpose  specified  in  the  foregoing  section,  any  one 
or  more  of  whom  may  act  at  any  place  of  rendezvous 
in  said  district. 

192.  When  it  shall  appear  to  any  surgeon  attending;  ibid,  ?  3. 

11  J  &  to    Absence  of 

such  place  of  rendezvous,  by  the  certificate  of  a  respect-  enrolled  per- 

1  1         1         •    ■  -i  ■  A  1  '  '•  •  sons  on 

able  physician  resident  in  that  county,  district,  parish,  account  of 
or  city  in  a  county,  parish,  or  district,  that  any  enroll- 
ed person  therein  is  unable  to  attend  on  account  of 
sickness,  it  shall  be  the  duty  of  said  surgeon  to  file 
said  certificate  with  the  commandant  of  the  nearest 
camp  of  instruction ;  and  if  the  person  named  therein 
shall  not,  within  a  reasonable  time,  report  himself  for 
examination  at  said  camp  of  instruction,  or  his  con- 
tinued disability  certified  by  the  certificate  of  a  re- 
spectable physician  of  his  county,  city.,  district,  or 
parish,  he  shall  be  held  liable  as  absent  without  leave 
of  his  commanding  officer. 

XIV.  Local  Defence  and  Special  Service. 

193.  That  the  President  be  and  he  is  hereby  author-  Aug.21.i86i 

J  §1.  ch.  28. 

ized  to  accept  the  services  of  volunteers  of  such  kind  Defence  of 

exposed 

and  in  such  proportion  as  he  may  deem  expedient,  to  localities, 
serve  for  such  time  as  he  may  prescribe,  for  the  de- 
fence of  exposed  places  or  localities,  or  such  special 
service  as  he  may  deem  expedient. 

194.  And  such  forces  shall  be  mustered  into  the  ser-  iwd,g2. 

Muster-roll 

vice  of  the  Confederate  States,  for  the  local  defence  or  to  set  forth 

-the  services, 

special  service  aforesaid,  the  muster-roll  setting  forth 
distinctly  the  services  to  be  performed;  and  the  said 
volunteers  shall  not  be  considered  in  actual  service 
until  thereunto  specially  ordered  by  the  President. 
And  they  shall  be  entitled  to  pay  or  subsistence  only  Pay. 
for  such  time  as  they  may  be  on  duty  under  the  orders 
of  the  President  or  by  his  direction. 

195.  Such  volunteer  forces,  when  so  accepted  and  ibid,  g  3. 
ordered  into  service,  shall  be  organized  in  accordance  ized. 


84 


DIGEST    OF 


Field-officers 


Oct.  13, 1862 
ch.  63. 
Companies 
composed  of 
persons  not 
liable  to 
military 
duty. 


Muster-roll. 


Persons  of 
any  age  in 
certain 
states  may 
form  part  of 
such  compa- 
nies. 


Oath  of  alle- 
giance. 


with  and  subject  to  all  the  provisions  of  the  act  en- 
titled "An  act  to  provide  for  the  public  defence," 
approved  March  6,  1861  [91,  92,  95,  96],  and  may  be 
attached  to  such  divisions,  brigades,  regiments,  or 
battalions  as  the  President  may  direct,  and  when  not 
organized  into  battalions  or  regiments  before  being 
mustered  into  service,  the  President  shall  appoint  the 
field-officers  of  the  battalions  and  regiments  when 
organized  as  such  by  him. 

196.  That  for  the  purpose  of  local  defence  in  any 
portion  of  the  Confederate  States,  any  number  of  per- 
sons not  less  than  twenty,  who  are  over  the  age  of 
forty-five  years,  or  otherwise  not  liable  to  military 
duty,  may  associate  themselves  as  a  military  company, 
elect  their  own  officers,  and  establish  rules  and  regu- 
lations for  their  own  government,  and  shall  be  con- 
sidered as  belonging  to  the  Provisional  Army  of  the 
Confederate  States,  serving  without  pay  or  allow- 
ances, and  entitled,  when  captured  by  the  enemy,  to 
all  the  privileges  of  prisoners  of  war:  Provided,  That 
such  company  shall,  as  soon  as  practicable,  transmit 
their  muster-roll,  or  a  list  of  the  names  of  the  officers 
and  privates  thereof,  to  the  governor  of  the  state,  the 
commanding  general  of  the  department,  or  any  brig- 
adier-general in  the  State  or  Confederate  service,  to 
be  forwarded  to  the  Secretary  of  War;  but  the  Presi- 
dent or  the  commander  of  the  military  district  may, 
at  any  time,  disband  such  companies :  Provided,  That 
in  the  states  and  districts  in  which  the  act  entitled 
"An  act  to  further  provide  for  the  public  defence," 
approved  April  the  sixteenth,  eighteen  hundred  and 
sixty-two  [143, 145],  and  the  acts  amendatory  thereof, 
have  been  suspended,  persons  of  any  age,  resident 
within  such  states  or  districts,  may  volunteer  and 
form  part  of  such  companies  so  long  as  such  suspen- 
sion may  continue  :  Provided,  That  no  person  shall 
become  a  member  of  said  company  until  he  shall  have 
first  taken  the  oath  of  allegiance  to  the  Confederate 
States  of  America,  in  writing,  a  copy  of  which  shall 
be  filed  with  the  muster-roll  of  said  company  as  above 
prescribed. 


MILITARY    LAWS.  85 

197.  That  the  President  be  and  he  is  hereby  author-  JgJ^^j 
ized  to  purchase  or  charter,  arm,  equip,  and  man  such  Ahr^j 
merchant  vessels  and  steamships  or  boats  as  may  be  vessels  for 

r  <j  seaboard 

found  fit  or  easily  converted  into  armed  vessels,  and  and  general 

"  defence. 

in  such  number  as  he  may  deem  necessary  for  the 
protection  of  the  seaboard  and  the  general  defence  of 
the  country. 

198.  That  the  President  be  and  he  is  hereby  author-  Jan.  u,i862 

J  ch.  39. 

ized  to  raise  a  corps  for  the  temporary  and  special  corps  for 

L  L  J  L  service  on 

service  on  the  western  waters,  to  cause  to  be  enlisted  the  western 

waters. 

a  number  of  men  not  exceeding  six  thousand,  and  of 
such  commissioned  and  non-commissioned  officers, 
and  of  such  rank,  either  naval  or  military,  as  the  Pres- 
ident may  deem  necessary,  who  shall  severally  re- 
ceive such  pay  and  allowances  as  he  may  determine. 

199.  That  the  President  be  and  he  is  hereby  author-  Aug.3o,i86i 

J  ch.  56. 

ized  to  cause  such  floating  defences  as  he  may  deem  Floating  de- 

°  "  "  fences  for 

best  adapted  to  the  protection  of  the  Mississippi  river  protection  of 

,        Mississippi 

against  a  descent  of  iron-plated  steam  gunboats,  to  be  river, 
constructed  or  prepared  with  the  least  possible  delay. 

200.  That  the  sum  of  one  million  and  two  hundred  March  24, 

1862,  g  I, 

thousand  dollars  is  hereby  appropriated  for  the  further  ch.  8.    Ap- 

r,    -  *  i  propriation 

defence  of  the  Bay  of  Mobile  and  the  Alabama  river,   for  defence 

J  of  Bay  of 

to  be  expended  at  the  discretion  of  the  President,  by   Mobile, 
the  Secretary  of  the  Navy ;  and  that  the  disbursement 
of  said  money  shall  be  made  in  the  manner  provided 
by  law  for  appropriations  for  the  navy. 

201.  That  the   President   is   hereby  authorized  to  ™d»2,2- 

^  Corps  for  de- 

raise  a  corps  for  the  temporary  and  special  service  fence  of  Bay 
provided  for  in  the  first  section  of  this  act  in  the  Bay  and  Aiaba 
of  Mobile  and  the  Alabama  river,  consisting  of  a  num- 
ber of  men  not  exceeding  six  thousand  men,  and  of 
such  commissioned  and  non-commissioned  officers,  and 
of  such  rank  as  the  President  may  deem  necessary, 
who  shall  severally  receive  such  pay  and  allowance. 
as  he  may  determine. 


ma  river. 


DIGEST    OF 


March  6, 
1861.  \  9, 
ch.  26.' 
Appuint- 
ment  of  ad- 
ditional offi- 
cers for  ser- 
vice with 
militia  or 
volunteers. 


Feb.  15, 1862 
ch.  80. 
Additional 
quartermas- 
ters a7id 
commissa- 
ries for  per- 
manent 
posts  and 
depots. 


XV.  Quartermaster,,*  Commissary,  and  Medical 
Departments. 

(See  Regular  Army.) 

202.  That  when  volunteers  or  militia  are  called  into 
the  service  of  the  Confederate  States  in  such  numbers 
that  the  officers  of  the  Quartermaster,  Commissary, 
and  Medical  departments  which  may  be  authorized  by 
law  for  the  regular  service,  are  not  sufficient  to  provide 
for  the  supplying,  quartering,  transporting,  and  fur- 
nishing them  with  the  requisite  medical  attendance,  it 
shall  be  lawful  for  the  President  to  appoint,  with  the 
advice  and  consent  of  the  Congress,  as  many  additional 
officers  of  said  departments  as  the  service  may  require, 
not  exceeding  one  commissary  and  one  quartermaster 
for  each  brigade,  with  the  rank  of  major,  and  one  as- 
sistant quartermaster  with  the  rank  of  captain,  one 
assistant  commissary  with  the  rank  of  captain,  one 
surgeon  and  one  assistant  surgeon  for  each  regi- 
ment; the  said  quartermasters  and  commissaries,  as- 
sistant quartermasters  and  commissaries,  to  give  bonds, 
with  good  sureties,  for  the  faithful  performance  of  their 
duties— the  said  officers  to  be  allowed  the  same  pay  and 
emoluments  as  shall  be  allowed  to  officers  of  the  same 
grade  in  the  regular  service,  and  to  be  subject  to  the 
Rules  and  Articles  of  War,  and  to  continue  in  service 
only  so  long  as  their  services  may  be  required  in  con- 
nection with  the  militia  or  volunteers. 

203.  That  in  addition  to  the  number  of  quartermas- 
ters, assistant  quartermasters,  commissaries,  and  assist- 
ant commissaries  now  allowed  by  law,  the  President 
shall  have  authority  to  appoint  as  many  of  said  officers 
as  shall,  in  his  discretion,  be  deemed  necessary  at  per- 
manent posts  and  depots — said  appointments  to  termi- 
nate at  the  close  of  the  war,  or  sooner,  if  the  services 
of  the  officer  can  be  advantageously  dispensed  with  : 
[Provided  [204],  That  no  quartermaster,  assistant  quar- 
termaster, commissaiy ,  or  assistant  commissary  be  au- 
thorized to  employ  a  clerk;  but  the  commanding  offi- 


*  Quartermasters  empowered  to  administer  oaths  in  certain  cases,  379. 
termasters  to  make  deduction  from  pay  for  absence  without  leave,  326. 


Quar- 


MILITARY    LAWS.  87 

cerof  quartermasters,  assistant  quartermasters,  com- 
missaries, or  assistant  commissaries  shall  detail  from 
the  ranks  under  his  command  such  person  or  persons 
as  may  be  necessary  for  service  in  the  offices  of  said 
quartermasters,  assistant  quartermasters,  commissa- 
ries, and  assistant  commissaries.] 

204.  That  the  act  entitled  "  An  act  to  provide  for  an  ^Pril,2?»  - 

x  1863,  g  1,  en. 

increase  of  the   Quartermaster   and  Commissary  de-  36. 

*  Persons 

partments  "  [203],  approved  February  fifteenth,  eigh-  Hawe  to 
teen  hundred  and  sixty-two,  be  and  the  same  is  here-  vice  not  to 

•  i  •  •  -in   be  appointed 

by  amended  by  striking  out  the  proviso  at  the  end  of  as  clerks, 
the  same,  and  inserting  in  lieu  thereof  the  following  : 
Provided,  That  no  quartermaster,  assistant  quarter- 
master, commissary,  or  assistant  commissary  be  au- 
thorized to  employ  as  a  clerk  any  one  liable  to  military 
service;  and  the  commanding  officer  of  quartermas- 
ters, assistant  quartermasters,  commissaries,  or  assist- 
ant commissaries  may  detail  from  the  ranks  under  his 
command  such  person  or  persons  as  may  be  necessary 
for  service  in  the  offices  of  said  quartermasters,  assist- 
ant quartermasters,  commissaries,  and  assistant  com- 
missaries: Provided,  That  only  disabled  soldiers  shall  Details  for 

service. 

be  so  detailed,  while  one  can  be  found  for  such  service. 
[172  et  seq.~] 

205.  That  all  surgeons,  assistant  surgeons,  quarter-  Dec. i8,i86i 
masters,  commissaries,  and  assistant  quartermasters  Date  of  rank 
and  commissaries,  appointed  and  commissioned  in  the 
Provisional  Army,  and  who  may  have  commenced  their 
service  before  receiving  their  commissions,  shall  be  en- 
titled to  take  rank  and  receive  pay  from  the  date  when 

they  actually  commenced  to  perform  their  respective 
duties  with  troops  in  the  service  of  the  Confederacy. 
[See,  also,  387.] 

206.  That  the  Secretary  of  War  be  and  he  is  hereby  J«u/jM»to 
authorized  to  audit  and  settle  the  claims  of  all  assist-  settlement 

of  claims. 

ant  quartermasters-general,  commissaries-general,  and 
surgeons,  who  discharged  the  duties  of  said  offices  from 
the  date  of  the  transfer  of  the  battalions  or  regiments 
to  which  they  were  attached,  to  the  time  of  the  ap- 
pointment of  their  successors  by  the  Confederate  gov- 


88  DIGEST    OF 

eminent:  Provided,  Said  officers  held  commissions 
from  their  respective  states,  and  discharged  the  duties 
of  said  offices  under  said  commissions,  and  no  other 
officers  during  the  time  were  appointed  or  discharged 
the  duties  of  the  same. 
Aug.  14, 1861       207.  That  the  President  be  and  he  is  hereby  author- 

ch.  21.  •> 

surgeons  for  iZed  to  appoint  in  the  Provisional  Army  as  many  sur- 

hospitals.  L  "■  "  . 

geons  and- assistant  surgeons,  for  the  various  hospitals 
of  the  Confederacy,  as  may  be  necessary. 
alfn'w83        *^"  ^nat  *ne  °ffi°e  °f  regimental  commissary  be 
officeofrogi-  an(j  the  same  is  hereby  abolished,  and  the  duties  here- 

mental  com-  ".  ' 

missary        tofore  devolved  by  law  upon  said  commissary  shall  be 

abolished.  J  l  J 

performed  by  the  regimental  quartermaster  :  Provided, 
That  said  quartermaster  shall,  if  required  by  the  Sec- 
retary of  War,  execute  a  new  bond,  with  such  addi- 
tional penalty  as  he  may  require, 
ibid,  ?  2.  209.  That  the  commanding  officer  of  a  regiment  or 

»e°geantS.ary  battalion  shall,  when  the  good  of  the  service  in  his 
opinion  requires  it,  detail  a  non-commissioned  officer 
or  private  as  commissary-sergeant,  who  shall  be  as- 
signed to  the  regimental  quartermaster  to  perform  the 
duties  now  performed  by  commissary-sergeants,  and 
the  non-commissioned  officer  or  private  so  detailed 
shall  receive  as  extra  pay  twenty  dollars  per  month. 
ibid,?3.  210.  That  the  rem  mental  quartermasters  acting  as 

Supplies;  .  . 

how  drawn    commissaries  shall   draw  supplies  for  their  respective 

by  regimen-  _  *•  "■  x 

tai  quarter-    regiments  on  provision  returns,  form  fourteen,  and  not 

masters  act- 

ingascom-    in  bulk •  and  when  detached  from  their  brigades,  so 


missaries. 


that  it  is  impracticable  to  draw  supplies  from  the  bri- 
gade commissary,  it  shall  be  the  duty  of  the  nearest 
brigade  or  post  commissary  to  supply  his  regiment  on 
provision  return  fourteen, 
ibid,  §4.  211.  Sales  to  officers  shall  be  made  by  the  brigade 

to  be  made,    commissaries  to  which  such  officers  are  attached, 
ibid, ?5.  212.  That  quartermasters  and  commissaries,  assist- 

mastersand  ant  quartermasters  and  assistant  commissaries  who 
rieTperma-    become  permanently  detached  from  divisions,  brigades, 
tached.  °~     or  regiments  to  which  they  are  originally  appointed 
and  assigned  respectively,  whether  by  resignation  or 
otherwise,  shall  cease  to  be  officers  of  the  army,  and 
their  names  shall  be  dropped  from  the  rolls  of  the  army 


MILITARY    LAWS.  89 

unless  reassigned  by  a  special  order  of  the  Secretary 
of  War. 

213.  That  it  shall  be  the  duty  of  the  Secretary  of  ">».««■  „ 

»  "'  Orders  to  be 

War  to  issue  the  necessary  orders  for  the  earliest  prac-  issued  by 

""  Secretary  of 

tical  enforcement  of  the  provisions  of  this  law,  and  war. 
that  he  shall  communicate  to  the  Chiefs  of  the  Subsist- 
ence and  Quartermaster's  bureaus  the  names  of  the 
commissaries  and  assistant  commissai-ies,  quartermas- 
ters and  assistant  quartermasters  retained  and  drop- 
ped from  the  rolls  under  this  act. 

214.  That  all  laws  and  parts  of  lawTs  contravening  ™<M7- 

1  °    Repeal  of 

the  provisions  of  this  act  be  and  the  same  are  hereby  conflicting 

1  J     laws. 

repealed. 

215.  That  no  officer  charged  with  the  safe-keeping,  fif^Hf3 
transfer,  or  disbursement  of  public  moneys  shall  con-  i"uljlic 

'  i  »  moneys  not 

vert  to  his  own  use,  or  invest  in  any  kind  of  property  to  be  invest 

>»  l        L  "      ed  in  proper- 

or  merchandize,  on  private  account,  or  lend,  with  or  ty  on  private 

'  L  '  '  account,  nor 

without  interest,  any  portion  of  the  public  moneys  en-  loaned, 
trusted  to  him  for  safe-keeping,  transfer,  disbursement, 
or  any  other  purpose. 

216.  That  no  officer  charged  with  the  safe-keeping,  offic<Js2not 
transfer,  or  disbursement  of  public  moneys,  or  charged  t0  tra,ffi.c  n?r 

J-  J     >  o  speculate  in 

with  or  assigned  to  the  duty  of  purchasing  for  the  f^'do'th- 
government,  or  any  department  thereof,  shall  buy,  inS'  materi- 
trade,  traffic,  or  speculate  in,  either  directly  or  indi-  etc- 
rectly,  for  the  purpose  of  gain  to  himself  or  others,  by 
resale  or  otherwise,  any  article  of  food  or  clothing,  or 
material  of  which  the  same  is  made,  or  which  enters 
into  or  constitutes  a  part  of  the  same,  or  any  material 
of  war  or  article  whatsoever  which  is  or  may  be  re- 
quired to  be  purchased  for  the  use  of  the  army  or  the 
prosecution  of  the  war. 

217.  No  officer  shall  take  a  receipt  in  blank  for  any  Ibid-  ?3-. 

x  •>     Receipts  in 

article  or  articles  purchased  by  him  for  the  govern-  wankpro- 

r  J  &  hibited. 

ment  or  any  department  thereof;  and  every  receipt  what  re- 

ill  n  ti  C61J)tS  SLUt  11. 

shall  set  forth  the  true  amount  paid,  and  on  what  ac-  state. 
count ;  and  when  payment  is  made  on  account  of  prop- 
erty purchased,  the  receipt  shall  set  forth  the  name  of 
the  person  from  whom  such  property  was  purchased, 
and  the  place  of  his  residence,  the  thing  or  things  pur- 
chased by  items,  number,  weight,  or  measurement,  as 


90 


DIGEST    OF 


Ibid,  ?  4. 
Transporta- 
tion of  pri- 
vate proper- 
ty. 


Ibid.  I  5. 
Penalty  on 
conviction 
before  a 
court-mar- 
tial or  mili- 
tary court. 


Ibid,  I  6. 
Indictment, 
fine,  and 
imprison- 
ment. 


Civil  remedy 


Peace  offi- 
cers to  have 
power  of 
commitment 


may  bo  customary  in  the  particular  case,  the  price 
thereof,  and  the  date  of  payment. 

218.  No  officer  who  is  in  charge  of  transportation, 
or  who  is  empowered  to  grant  the  same,  shall  forward 
by  government  conveyance,  or  at  the  expense  of 
government,  or  to  the  exclusion  or  delay  of  govern- 
ment freight,  any  commodity  or  property  of  any  kind, 
unless  the  same  belongs  to  the  government  or  some 
department  thereof,  except  as  authorized  by  law. 

219.  Any  officer  who  shall  violate  any  provision  in 
the  foregoing  sections  shall,  upon  a  conviction  before 
a  court-martial  or  military  court,  be  cashiered,  and 
placed  in  the  ranks  as  a  private,  to  serve  during  the 
war:  Provided,  That  nothing  herein  contained  shall 
impair  the  civil  remedy  which  the  government  may 
have  against  any  officer  or  his  sureties  for  fraud,  pecu- 
lation, or  misapplication  of  the  public  moneys  entrust- 
ed to  him  by  the  government. 

220.  That  any  person  in  the  employment  or  service 
of  the  government  as  aforesaid,  and  all  other  persons 
coming  within  the  purview  of  this  act,  who  shall  vio- 
late any  of  the  provisions  of  the  foregoing  sections, 
shall  be  liable  to  indictment,  and  fined  in  a  sum  not 
less  than  one  thousand  dollars,  and  imprisoned  not  less 
than  one  year  nor  longer  than  five  j7ears,  to  be  im- 
posed by  the  judge  or  jury  trying  the  cause,  according 
to  the  course  of  judicial  proceeding  in  force  in  the  sev- 
eral states  :  Provided,  The  provisions  of  this  act  shall 
in  nowise  interfere  with  or  impair  the  civil  remedy 
which  the  government  may  have  against  any  of  said 
officers,  or  their  securities  or  employees,  for  frauds, 
peculations,  or  misapplication  of  the  moneys  entrusted 
to  them  respectively  by  the  Confederate  States  :  Pro- 
vided, also,  That  all  conservators  of  the  peace,  who, 
by  the  laws  of  the  several  states,  have  jurisdiction  to 
commit  or  bind  over  offenders  for  breaches  of  the  crim- 
inal laws  of  the  state  in  which  they  may  reside,  shall 
have  power  to  commit  or  bind  over,  in  a  sufficient  re- 
cognizance, offenders  against  the  provisions  of  this  law, 
to  appear  at  the  next  term  of  the  district  court  of  the 
Confederate  States  within   the  jurisdiction  of  which 


MILITARY    LAWS.  PI 

the  offence  was  committed,  for  trial,  in  the  same  man- 
ner and  under  the  same  rules  as  if  such  preliminary 
trial  were  had  before  the  judge  of  such  district  court; 
and  the  i'uda:es  of  the  Confederate  courts  having  juris-  charge  to 

•>       o  <=>  i  grand  juries 

diction  of  the  offences  defined  by  this  act  shall,  at  the 
commencement  of  eacli  session  of  their  respective 
courts,  give  this  act  and  its  provisions  specially  in 
charge  to  the  different  grand  juries  [35]. 

XVI.  Supplies,  Clothing,*  and  Provisions. 

221.  That  said  volunteers  [88]  shall  furnish  their  Jgj^f 
own  clothes,  and,  if  mounted  men,  their  own  horses  9h-.2e\ 

'  '  '  Volunteers 

and  horse  equipments;  and,  when  mustered  into  ser-  to  furnish 

*      x  '  their  own 

vice,  shall  be  armed  by  the  states  from  which  they  clothing, 
come,  or  by  the  Confederate  States  of  America. 

222.  That  said  volunteers  shall,  when  called    into  ibid, §4. 

ii-i  ••  -i  i  Money  in 

actual  service,  and  while  remaining  therein,  be  subject  lienor 
to  the  Eules  and  Articles  of  War ;  and  instead  of  cloth- 
ing, every  non-commissioned  officer  and  private  in  any 
company  shall  be  entitled,  when  called  into  actual  ser- 
vice, to  money  in  a  sum  equal  to  the  cost  of  clothing 
of  a  non-commissioned  officer  or  private  in  the  regular 
army  of  the  Confederate  States  of  America  [226]. 

223.  That  the  fourth  section  of  the  act  of  March  6,  M0ay2M86i 

'   £  2,  ch.39. 

1861,  "to  provide  for  the  public  defence"   [2221,  be  Twenty-one 

1  x  L  ■"  dollars  in 

amended  as  follows,  viz  :  That  there  shall  be  allowed  lie"  of  six 

months' 

to  each  volunteer,  to  be  paid  to  him  on  the  first  muster  clothing, 
and  pay  rolls  after  being  received  and  mustered  into 
the  service  of  the  Confederate  States,  the  sum  of 
twenty-one  dollars,  in  lieu  of  clothing  for  six  months 
[226]  ;  and  thereafter  the  same  allowance  in  money 
at  every  subsequent  period  of  service  for  six  months  in 
lieu  of  clothing :  Provided,  That  the  price  of  all  cloth-  Price  of 

x  clothing  re- 

ing  in  kind  received  by  said  volunteers  from  the  Con-  ceivedtobe 

_    ,  _  deducted. 

federate  States  government  shall  be  deducted  first  from 
the  money  thus  allowed ;  and  if  that  sum  be  not  suffi- 
cient, the  balance  shall  be  charged  for  stoppage  on  the 
muster  and  payrolls;  and  that  all  accounts  arising 


*  For  clothing  for  the  sick  and  wounded  in  hospitals,  see  410.    Yearly  allowance 
of  clothing  to  enlisted  men,  79. 


92 


DIGEST    OF 


Aug.  30, 1861 
gi,  ch.  51. 
Clothing  to 
be  furnished 
to  the  entire 
forces  of  the 
Confederate 
States. 


Clothiug 
furnished  by 
the  states  to 
be  paid  for. 


Ibid,  \  2. 
Clothing 
when  fur- 
nished by 
the  troops. 


Oct.  8, 1862 
ch.  30. 

Law  provid- 
ing commu- 
tation for 
clothing  re- 
pealed. 
Clothing  in 
kind. 


Oct.  8,  1862 
g  1.  ch.  31. 
Importa- 
tions of  ma- 
chinery  and 
materials  for 
manufacture 
of  clothing 
or  shoes. 


Ibid,  §  2. 
Machinery 
may  be 


from  contracts,  agreements,  or  arrangements  for  fur- 
nishing clothing  to  volunteers,  to  be  duly  certified  by 
the  company  commander,  shall  be  paid  out  of  the  said 
semi-annual  allowance  of  money. 

224.  That  the  Secretary  of  War  be  and  he  is  hereby 
authorized  and  required  to  provide,  as  far  as  possible, 
clothing  for  the  entire  forces  of  the  Confederate  States, 
and  to  furnish  the  same  to  every  regiment  or  compa- 
ny upon  the  requisition  of  the  commander  thereof,  the 
quantity,  quality,  and  kind  thereof  to  be  established 
by  regulation  of  the  department,  to  be  approved  by 
the  President;  and  in  case  any  state  shall  furnish  to 
its  troops  and  volunteers  in  the  Confederate  service 
such  clothing,  then  the  Secretary  of  War  is  required 
to  pay  over  to  the  governor  of  such  state  the  money 
value  of  the  clothing  so  furnished. 

225.  The  commander  of  every  volunteer  company 
shall  have  the  privilege  of  receiving  commutation  for 
clothing  at  the  rate  of  twenty-five  dollars  per  man  for 
every  six  months,  when  they  shall  have  furnished  their 
own  clothing. 

226.  That  so  much  of  the  existing  law  [223]  as  pro- 
vides commutation  for  clothing  to  the  soldiers  in  the 
service  of  the  Confederacy,  be  and  the  same  is  hereby 
repealed ;  and  hereafter  the  Secretary  of  War  shall 
provide  in  kind  to  the  soldiers,  respectively,  the  uni- 
form clothing  prescribed  by  the  regulations  of  the 
Army  of  the  Confederate  States ;  and  should  any  bal- 
ance of  clothing  be  due  to  any  soldier  at  the  end  of 
the  year,  the  money  value  of  such  balance  shall  be  paid 
to  such  soldier,  according  to  the  value  of  such  clothing 
fixed  and  announced  by  order  from  the  War  depart- 
ment. 

227.  That  the  President  is  hereby  authorized  to  im- 
port, duty  free,  cards  or  card-cloth,  or  any  machinery 
or  materials  necessary  for  increasing  the  manufacture 
of  clothing  for  the  army,  or  any  articles  necessary  for 
supplying  the  deficiency  of  clothing  or  shoes,  or  mate- 
rials for  shoes  for  the  army. 

228.  That  any  machinery,  or  parts  of  machinery,  or 
materials  imported  as  aforesaid,  may  be  worked  on 


MILITARY    LAWS.  93 

government  account,  or  leased,  or  sold,  at  the  discre-  ^g|d^r 

tion  of  the  President.  sold-  ' 

229.  That  the  President  may  extend  the  privileges  ™^,|f;s 

of  this  act  to  companies  or  individuals,  subject  to  such  extended  to 

J-.  '  "  companies 

regulations  as  he  may  prescribe.  °*  individu- 

280.  That  the  clothing:  required  to  be  furnished  to  iwd,g4. 

°         u  .  Color  and 

the  troops  of  the  Provisional  Army  under  any  exist-  quality  of 

i  i  ti_         clothing. 

ing  law  may  be  of  such  kind,  as  to  color  and  quality, 
as  it  may  be  practicable  to  obtain,  any  law  to  the  con- 
trary notwithstanding. 

281.  That  the  President  be  and  he  is  hereby  author-  Oct.  9, 1862 

■r.     ,  1      gl.ch.  37. 

ized,  on  the  requisition  of  the  Quartermaster-General,  Detail  of 

.  persons  for 

to  detail  from  the  army  persons  skilled  in  the  manu-  manufacture 
facture  of  shoes,  not  to  exceed  two  thousand  in  num- 
ber; and  it  shall  be  the  duty  of  the  Quartermaster- 
General  to  place  them,  without  delay,  at  suitable  points, 
in  shops,  under  proper  regulations  prescribed  by  him, 
and  employ  them  diligently  in  the  manufacture  of 
shoes  for  the  army. 

232.  That  soldiers  detailed  under  the  provisions  of  ibid,  §2. 

±  Pay. 

this  act  shall  be  entitled  to  receive  pay  for  extra  duty, 
and  also  thirty  -five  cents  per  pair  for  shoes  manufact- 
ured by  them  severally,  in  addition  to  regular  pay 
and  rations. 

238.  That  there  shall  be  allowed  and  paid  to  the  ^?°> 

-1-  j  000,  g  I, 

militia  of  any  state  who  have  been,  or  may  hereafter  SjJkS*. 

be,  called  into  the  service  of  the  Confederate  States,  commuta- 
tion for 
under  authority  of  existing  laws,  to  each  private  and  clothing. 

non-commissioned  officer  commutation  for  clothing  for 
the  time  of  actual  service,  at  the  rate  of  forty-two  dol- 
lars a  year,  up  to  the  thirtieth  day  of  August,  eighteen 
hundred  and  sixty-one,  and  after  that  date  at  the  rate 
of  fifty  dollars  per  annum,  deducting  therefrom  the 
value  of  any  clothing  which  may  have  been  issued 
them,  or  commutation  therefor  which  may  have  been 
allowed  them. 

234.  All  claims  for  commutation  under  authority  of  ibid,  § 2. 

j  Claims  for 

this  act  made  by  any  of  the  militia  who  have  been  commuta- 

V      '■■-.  *  tion ;  how 

heretofore  paid,  shall  be  settled  by  the  Second  Auditor,  settled. 
with  the  approval  of  the  Comptroller  of  the  Treasury. 


94  digkst  or 

™if'  3,0'^        235.  That  the  sum  of  one  million  of  dollars  be  and 

1861,  en.  50. 

Purchase  of    the  same  is  hereby  appropriated,  out  of  any  money  in 

steamer,  and  ./ill  J  J 

supplies  of  the  Treasury  not  otherwise  appropriated,  for  the  pur- 
shoes,  etc.  chase  of  a  steamer,  and  such  supplies  of  leather,  shoes, 
flannel,  and  woollen  clothing  and  blankets  for  the  use 
of  the  troops  in  the  service  of  the  Confederate  States 
— the  said  appropriation  to  be  expended  under  the  di- 
rection of  the  President. 
Aug.  31,1861       236.  That  the  Secretary  of  War  be  and  he  is  hereby 

Res.  8.  J  J 

Breadiniieu  directed  to  furnish  to  such  of  our  troops  in  the  field  as 

of  flour.  '.  ... 

desire  it,  upon  requisition  made,  and  whenever  practi- 
cable, in  lieu  of  the  usual  ration  of  flour,  an  equivalent 
of  well-baked  bread ;  to  this  end  he  is  authorized  to  es- 
tablish bakeries  in  such  numbers  and  at  such  points  as 
may  be  necessary,  or  to  make  contracts  for  the  supply 
of  such  bread. 

Fresh  vege-  Resolved,  That  a  daily  ration  of  fresh  vegetables  be 
furnish[ed]  to  all  troops  whenever  the  same  can  be 
provided  at  reasonable  cost  and  charges  to  the  govern- 
ment. 

Aug.3i,i86i       237.  That  the  Secretary  of  War  be  authorized  and 

ch.  68.  •  I  l  11  n  , 

Private  con-  required  to  make  all  necessary  arrangements  for  the 
reception  and  forwarding  of  clothes,  shoes,  blankets, 
and  other  articles  of  necessity  that  may  be  sent  to  the 
army  by  private  contribution. 
Feb.  17, 1864      238.  That  from  and  after  the  passage  of  this  act  all 
Rations  to     commissioned  officers  of  the  armies,  whilst  on  duty  in 
the  field,  or  in  the  naval  service,  whilst  afloat,  of  the 
Confederate  States,  shall  be  entitled  to  one  ration  in 
kind  each,  in  quantity  and  quality  the  same  as  are  now 
allowed  by  law  to  privates,  and  shall  draw  and  receive 
the  same  under  such  regulations  as  may  be  prescribed 
by  the  Secretary  of  War. 
ibid,? 2.  239.  All  commissioned  officers  of  the  armies  of  the 

ciothing6and  Confederate  States  shall  be  allowed  to  purchase  cloth- 
ing and  cloth  for  clothing  from  any  quartermaster  at 
the  price  which  it  cost  the  government,  all  expenses 
included  :  Provided,  That  no  quartermaster  shall  be 
allowed  to  sell  to  any  officer  any  clothing  which  would 
be  proper  to  issue  to  privates,  until  all  privates  entitled 


MILITARY    LAWS. 


95 


to  receive  the  same  shall  have  been  first  supplied  : 
Provided,  That  the  officer  offering  to  purchase  shall 
give  his  certificate  on  honor  that  the  articles  are  neces- 
sary for  his  own  personal  comfort  and  use,  and  in  no 
case  shall  more  than  one  suit  per  annum  be  allowed  to 
be  so  purchased  by  an  officer  :  Provided,  That  no  law 
or  army  regulation  shall  hereafter  be  construed  to  al- 
low an  officer  to  purchase  or  draw  from  subsistence 
stores  more  than  one  ration  a  day,  or  for  less  price 
than  the  cost  thereof,  including  transportation. 

240.  No  officer  under  the  rank  of  brigadier-general  ibid, $ 3. 
shall  hereafter  be  entitled  to  forage  or  commutation  for  as  to  forage. 
forage  for  more  than  one  horse,  except  when  on  ser- 
vice in  the  field. 

241.  That  there  shall  be  furnished  to  every  enlisted  Feb.  17, 1864 
man  in  the  service  of  the  Confederate  States  one  ra-  Rations  of 
tion  of  tobacco,  under  such  regulations  as  the  Secre-  enlisted  men 
tary  of  War  may  establish. 

XVII.  Transportation.* 

242.  When  transportation  can  not  be  furnished  in  May2i,i86i 
kind,  the  discharged  soldier  shall  be  entitled  to  receive  Mileage  in 

. .      .      ,.  n      -ii  it  1     •  l'eu  of  trav- 

ten  cents  per  mile  in  lieu  ot  all  travelling  pay,  subsist-  eiimgpay, 
ence,  forage,  and  undrawn  clothing,  from  the  place  of  forage,  and' 
discharge  to  the  place  of  his  enlistment  or  enrolment,  clothing, 
estimating  the  distance  by  the  shortest  mail  route,  and 
if  there  is  no  mail  route,  by  the  shortest  practicable 
route.     The  foregoing  to  apply  to  all  officers,  non-com- 
missioned officers,  musicians,  artificers,  farriers,  black- 
smiths, and  privates  of  volunteers  when  disbanded, 
discharged,  or  mustered  out  of  service  of  the  Confed- 
erate States;  and  it  shall  also  apply  to  all  volunteer 
troops  as  above  designated,  when  travelling  from  the 
place  of  enrolment  to  the  place  of  general  rendezvous 

*  For  transportation  for  men  recruited  for  three  years  or  the  war,  106, 132. 

For  officers  authorized  to  raise  commands,  107. 

For  re-enlisted  twelve  months'  men,  121. 

For  state  agents  to  visit  troops,  345. 

For  hospital  supplies,  409. 

For  sick  and  wounded  soldiers,  414. 

Of  private  property  by  persons  in  charge  of  government  transportation,  218. 

Of  sick  and  wounded  soldiers  after  discharge  from  hospital,  422. 


96  DIGEST   or 

Proviso.  or  point  where  mustered  into  service  :  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to  de- 
prive the  mounted  volunteers  of  the  allowance  of  forty 
cents  a  day  for  the  use  and  risk  of  his  horse,  which 
allowance  is  made  from  the  date  of  his  enrolment  to 
the  date  of  his  discharge,  and  also  for  every  twenty 
miles'  travel  from  the  place  of  his  discharge  to  the  place 
of  his  enrolment. 
F|b'h2863  243.  That  non-commissioned  officers  and  privates 
For  persons  who  have  been  mustered  into  service  for  the  war,  and 

to  whom 

furloughs      to  whom  furloughs  maybe  granted  for  not  more  than 

have  been  .  °    j  ■   •  •  ° 

allowed.  sixty  days,  shall  be  entitled  to  transportation  home 
and  back :  Provided,  That  this  allowance  shall  only  bo 
made  once  during  the  term  of  enlistment  of  such  non- 
commissioned officers  and  privates. 

XVIII.  Cooks  and  Nurses. 
[See  Hospitals,  411,  413.] 
Aug. 2i, i86i       244.  That  the  better  to  provide  for  the  sick  and 

g  1,  ch.  29.  * 

Employ-        wounded,  the  Secretary  of  War  is  authorized  to  direct 

ment  of. 

the  employment,  when  deemed  necessary,  of  nurses 
and  cooks,  other  than  enlisted  men  or  volunteers — the 
persons  so  employed  being  subject  to  military  control, 
and  in  no  case  to  receive  pay  above  that  allowed  to 
enlisted  men  [75]  or  volunteers, 
ibid,  \  2.  245.  That  there  be  appropriated  for  the  pay  of  the 

tion.  nurses  and  cooks  provided  for  in  the  above  section, 

one  hundred  and  thirty  thousand  dollars. 
Apriiai,  246.  That  hereafter  it  shall  be  the  duty  of  the  cap- 

ch.64.  tain  or  commanding  officer  of  his  company  to  enlist 

the  use  of      four  cooks  for  the  use  of  his  company,  whose  duty  it 

companies;  .  « 

their  duties,  shall  be  to  cook  for  such  company — taking  charge  of 

the   supplies,    utensils,   and    other    things   furnished 

therefor,  and  safely  keep  the  same,  subject  to  such 

rules  and  regulations  as  may  be  prescribed   by  the 

"War  department  or  the  colonel  of  the  regiment  to 

which  such  company  may  be  attached. 

ibid,  g  2.  247.  That  the  cooks  so  directed  to  be  enlisted  may 

be  white  or    be  white  or  black,  free  or  slave  persons:  Provided, 

or  slave.        however,  That  no  slave  shall  be  so  enlisted  without 


MILITARY    LAWS.  97 

the  written  consent  of  his  owner;  and  such  cooks  Pay- 
shall  be  enlisted  as  such  only,  and  put  on  the  muster- 
roll  and  paid  at  the  time  and  place  the  company  may 
or  shall  be  paid  off,  twenty  dollars  per  month  to  the 
chief  or  head-cook,  and  fifteen  dollars  per  month  for 
each  of  the  assistant  cooks,  together  with  the  same 
allowance  for  clothing,  or  the  same  commutation 
therefor,  that  may  be  allowed  to  the  rank  and  file  of 
the  company  [226]. 

XIX.  Chaplains. 

248.  That  there  shall  be  appointed  by  the  President  Mays,i86i 
such  number  of  chaplains,  to  serve  with  the  armies  of  Appoint-' 
the  Confederate  States  during  the  existing  war,  as  he 

may  deem  expedient ;  and  the  President  shall  assign 
them  to  such  regiments,  brigades,  or  posts  as  he  may 
deem  necessary;  and  the  appointments  made  as  afore- 
said shall  expire  whenever  the  existing  war  shall  ter- 
minate. 

249.  The  monthly  pay  of  said  chaplains   shall  be  ]]£d'$2- 
[eighty-five  dollars;  and  said  pay  shall  be  in  full  of  all 
allowances  whatever]  [251,  252]. 

250.  That   so   much  of  the  second   section  of  the  g^Jf  ^ 
above  recited  act  as  fixes  the  pay  of  chaplains  in  the  reduced- 
army  at  eighty-five  dollars  be  repealed,  and  that  the 

pay  of  said  chaplains  be  [fifty  dollars  per  month]  [252]. 

251.  That  chaplains  in  the  army  be  and  they  are  \u%931'1861 
hereby  allowTed  the  same  rations  as  privates.  Rations. 

252.  That  hereafter  the  pay  of  chaplains  in  the  f^lh  56 
army  shall  be  eighty  dollars  per  month,  with  rations  P»yand 

•>  o      •/     -  r  '  rations. 

as  now  provided  by  law. 

253.  That  chaplains  in  the  army  in  actual  service  in  J*n;|2'^864 
the  field  shall  be  entitled  to  draw  forage  for  one  horse:  age  allowed, 
provided  the  chaplain  has  a  horse  in  his  use. 

XX.  Engineers  and  Engineer  Troops.* 
[See  Engineers  Regular  Army,  50.] 

254.  That  the  President  be  and  he  is  hereby  author-  Dec.  3i,i86i 

J  ch.  29.     Ap- 

ized  to  appoint  officers  of  engineers  in  the  Provisional  potntment ; 

*  Tor  appointment  of  officers  of  engineer  troops  during  recess  of  Senate,  see  486. 

7 


DIGEST    OF 


rank,  pay, 
and  emolu- 
ments of  offi- 
cers of  engi- 
neers. 


April  21, 
1862,  ch.  65. 
Additional 
officers. 


Sept.  23,1862 
ch.  8.  Num- 
ber of  officers 
in  each 
grade  limit- 
ed. 


Feb.  17, 1864 
g  1,  ch.  60. 
Additional 
officers. 


March  20, 
1863,  ?  1, 
ch.  7.     One 
company  of 
engineer 
troops  for 
each  division 
of  infantry. 


Army,  to  a  number  not  exceeding  fifty,  and  of  rank 
not  higher  than  captain,  whose  pay  [68]  and  emolu- 
ments shall  be  the  same  as  those  allowed  for  oflScers 
of  a  like  grade  in  the  Permanent  Army  of  the  Con- 
federacy, and  whose  appointments  shall  expire  at  the 
end  of  the  pending  war. 

255.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint,  with  the  advice  and  consent  of  the 
Senate,  an  additional  number  of  oflScers  in  the  engi- 
neer corps  of  the  Provisional  Army,  of  a  rank  not 
higher  than  captain  :  Provided,  That  the  whole  corps 
shall  not  exceed  one  hundred  [257]. 

256.  That  the  officers  of  the  engineer  corps  of  the 
Provisional  Army  may  have  rank  [50  et  seq^\  conferred 
on  them  during  the  war  equal  to  that  authorized  by 
law  for  the  engineer  corps  of  the  Confederate  States 
Army:  Provided,  That  the  number  of  officers  in  each 
grade  be  limited  to  one  colonel,  three  lieutenant- 
colonels,  six  majors,  forty  captains,  thirty  first  lieu- 
tenants, and  twenty  second  lieutenants  [257]. 

257.  That  the  acts  approved  twenty-first  April, 
eighteen  hundred  and  sixty-two  [255].  and  twenty- 
third  September,  eighteen  hundred  and  sixty-two 
[256],  regulating  the  increase  and  rank  of  the  corps 
of  engineers  of  the  Provisional  Army,  be  amended  to 
read  as  follows :  That  the  President  be  and  he  is  here- 
by authorized  to  appoint,  with  the  advice  and  consent 
of  the  Senate,  an  additional  number  of  officers  in  the 
engineer  corps  of  the  Provisional  Army:  Provided, 
That  the  whole  corps  shall  not  exceed  one  hundred 
and  twenty,  and  that  the  number  of  officers  in  each 
grade  be  limited  to  three  colonels,  four  lieutenant- 
colonels,  eight  majors,  forty-five  captains,  thirty-five 
first  lieutenants,  and  twenty-five  second  lieutenants. 

258.  That*  there  shall  be  selected,  in  such  manner 
as  the  Secretary  of  War  may  direct,  from  each  division 
of  infantry  in  service,  one  company  of  engineer  troops, 
to  consist  of  one  hundred  men,  chosen  with  a  view  to 
their  mechanical  skill  and  physical  fitness,  and  that 


*  Tbis  act  modified  and  amended. 


ginal 
vacancies ; 
how  filled. 


MILITARY    LAWS.  99 

the  men  assigned  to  such  company  shall  be  required 
to  serve  in  the  same  only  during  the  balance  of  their 
term  of  service  respectively. 

259.  That  each  company  shall  consist  of  eight  ser-  ^'l2-, 
geants,  seven  corporals,  forty  artificers,  and  forty-five  consist. 
laborers,  and  that  two  musicians  may  be  added. 

260.  That  the  commissioned  officers  of  each  com-  c^mmLfsion- 
pany  shall  consist  of  one  captain,  oue  first  lieutenant,  q^0®0^18' 
and  two  second  lieutenants;   and  that  the  original 
vacancies  in  these  companies  shall  be  filled  by  the 
transfer  of  officers  of  corresponding  grade  from  the 
engineer  corps,  if  practicable,  and  where    not,  then 

from  the  other  corps,  or  from  the  line  or  staff  of  the 
army,  reference  being  always  had  to  their  qualification 
as  engineers,  or  by  selection ;  but  no  one  shall  be  se- 
lected who  is  not  now  serving  in  or  with  the  army, 
unless  he  is  a  military  or  civil  engineer. 

261.  That  the  companies  shall  be  organized  into  ibid,  §4. 

1  °  Organiza- 

regiments  of  ten  companies  each,  and  that  the  field  tioninto 

°  regiments. 

and  staff  officers  shall  consist  of  one  colonel,  one  lieu-  Field  and 

.  -,      staff  officers. 

tenant-colonel,  one  major,  one  adjutant  with  the  rank 
of  first  lieutenant,  one  quartermaster-sergeant  [268], 
and  one  sergeant-major;  and  that  the  original  vacan-  original 
eies  in  the  regiments  shall  be  filled  in  the  manner  pro-  howfiiied'. 
vided  for  filling  the  same  in  the  companies  by  the 
third  section  of  this  act  [260];  and  that  the  sergeant- 
major  and  the  quartermaster-sergeant  shall  be  selected 
from  the  enlisted  men  of  the  army. 

262.  That  in  each  regiment  two  of  the  companies  ibid,  j  5. 

°  J  Pontomers. 

shall  be  assigned  to  duty  as  pontoniers,  and  each  be 
furnished  with  a  bridge  train  complete. 

263.  That    the  officer  in   charge  of   the  Engineer  ibid,} 6. 

°  °  Wagons, 

bureau,  subject  to  the  approval  of  the  Secretary  of  pontons, 

'  °  rL  r  tools,  arms, 

War,  shall  prescribe  the  number,  form,  and  dimensions  «««• 
of   the  wagons,  pontons,  trestles,  tools,    implements, 
arms,  and  other  necessaries  for  all  the  troops  organ- 
ized by  this  act. 

264.  That  vacancies  in  the  established  regiments,  to  ibid, }  7. 

°  7  Vacancies  in 

and  including  the  rank  of  colonel,  shall  be  filled  by  established 

°     ,  ■*     regiments ; 

promotion,  regimentally,  according  to  seniority,  ex-  howfiiied. 
cept  in  case  of  disability  or  other  incompetency. 


100 


DIGEST    OF 


Ibid,  \  8. 
Pay  of  offi- 
cers. 


Ibid,  I  9. 
Pay  ol'enlist- 
ed  men. 


Ibid,  g  10. 
Mounted 
troops. 


Feb.  17, 1864 
ch.  59. 
Quartermas- 
ter-sergeants 

Feb.  17, 1864 
gl,ch.  75. 
One  com- 
pany of 
troops  from 
every  twelve 
regiments  of 
infantry. 


Ibid,  \  if; 
Of  what  to 
consist. 


Ibid,  I  3. 
Commission- 
ed officers. 


265.  That  the  monthly  pay  of  the  engineer  troops 
shall  be  as  follows :  Of  a  colonel,  two  hundred  and  ten 
dollars;  of  a  lieutenant-colonel,  one  hundred  and 
eighty-five  dollars;  of  a  major,  one  hundred  and  sixty- 
two  dollars ;  of  a  captain,  one  hundred  and  forty  dol- 
lars; of  a  first  lieutenant,  one  hundred  dollars;  of  a 
second  lieutenant,  ninety  dollars :  and  the  adjutant 
shall  receive  ten  dollars  per  month  in  addition  to  his 
pay  as  lieutenant  [276]. 

266.  That  the  pay  of  the  enlisted  men,  per  month, 
shall  be  as  follows :  The  sergeant-major  and  quarter- 
master-sergeant, each  twenty-one  dollars;  sergeants, 
thirty-four  dollars ;  corporals,  twenty  dollars ;  artifi- 
cers, seventeen  dollars;  laborers  and  musicians,  thir- 
teen dollars  [277]. 

267.  That  mounted  engineer  troops  may  be  selected 
from  the  cavalry,  and  be  organized  according  to  the 
provisions  of  this  act,  for  engineer  troops,  as  herein- 
before specified. 

268.  That  the  above  recited  act  [261]  be  so  amended 
that  there  shall  be  allowed  to  each  regiment  of  engi- 
neer troops  two  quartermaster-sergeants. 

269.  That  an  act  to  provide  and  organize  engineer 
troops  to  serve  during  the  war  (approved  twentieth 
March,  one  thousand  eight  hundred  and  sixty-three) 
[258]  be  amended  to  read  as  follows  :  That  there  shall 
be  selected,  in  such  manner  as  the  Secretary  of  War 
may  direct,  from  each  division  of  infantry  in  service, 
or  from  every  twelve  regiments  when  not  formed  into 
divisions,  one  company  of  engineer  troops,  to  consist 
of  one  hundred  men,  chosen  with  a  view  to  their 
mechanical  skill  and  physical  fitness,  and  that  the 
men  assigned  to  such  company  shall  be  required  to 
serve  in  the  same  only  during  the  balance  of  their 
term  of  service  respectively.  These  companies  may 
be  formed  or  recruited  from  conscripts  and  volunteers. 

270.  That  each  company  shall  consist  of  eight  ser- 
geants, seven  corporals,  forty  artificers,  and  forty-five 
laborers,  and  that  two  musicians  may  be  added. 

271.  That  the  commissioned  officers  of  each  com- 
pany shall  consist  of  one  captain,  one  first  lieutenant, 


MILITARY    LAWS.  101 


and  two  second   lieutenants,  and   that  the   original  original 

'  °  vacancies. 

vacancies  in  these  companies  shall  be  filled  by  transfer 
of  officers  of  corresponding  grade  from  the  engineer 
corps,  if  practicable,  and  where  not,  then  from  the 
other  corps,  or  from  the  line  or  staff  of  the  army, 
reference  being  always  had  to  their  qualification  as 
engineers,  or  by  selection;  but  no  one  shall  be  selected 
who  is  not  now  serving  in  or  with  the  army,  unless  he 
is  a  military  or  civil  engineer. 

272.  That  the  companies  shall  be  organized  into  ibid,g_4. 

*  °  Organiza- 

regiments  of  ten  companies  each,  and  that  the  field  tumiuto 

°  y  regiments. 

and  staff  officers  shall  consist  of  one  colonel,  one  lieu- 
tenant-colonel, one  major,  one  adjutant  with  the  rank 
of  first  lieutenant,  one  quartermaster-sergeant,  and 
one  sergeant-major,  and  that  the  original  vacancies  in 
the  regiments  shall  be  filled  in  the  manner  provided 
for  filling  the  same  in  the  companies  by  the  third 
session  [section]  of  this  act. 

273.  That  in  each  regiment  two  of  the  companies  ibid,  g  5.    , 

°  *  Pontoniers. 

shall  be  assigned  to  duty  as  pontoniers,  and  each  be 
furnished  with  a  bridge  train  complete. 

274.  That   the   officer   in    charge  of  the  Engineer  ibid,  g  6. 

b  °  Wagons, 

bureau,  subject  to  the  approval  of  the  Secretary  of  pontons, 

7  J  rr  J  arms,  etc. 

War,  shall  prescribe  the  number,  form,  and  dimen- 
sions of  the  wagons,  pontons,  trestles,  tools,  imple- 
ments, arms,  and  other  necessaries  for  all  the  troops 
organized  by  this  act. 

275.  That  vacancies  in  the  established  regiments,  to  ibid,  §7. 

.  Vacancies  in 

and  including  the  rank  of  captain,  shall  be  filled  by  established 
promotion,  regimentally,  according  to  seniority,  ex- 
cept in  case  of  disability  or  other  incompetency.  The 
field-officers  shall  be  appointed  by  selection  from  the 
captains  of  the  regiments  or  battalions,  except  in  the 
case  of  original  appointment  or  vacancy  caused  by 
promotion  to  original  vacancy  of  higher  rank. 

276.  That  the  monthly  pay  of  the  engineer  troops  ibid,  g  8. 
shall  be  as  follows :  Of  a  colonel,  two  hundred  and  ten  cms. 
dollars;    of  a   lieutenant-colonel,   one    hundred   and 
eighty-five  dollars ;  of  a  major,  one  hundred  and  sixty- 
two  dollars;  of  a  captain,  one  hundred  and  forty  dol- 
lars; of  a  first  lieutenant,  one  hundred  dollars;  of  a 


\02 


DIGEST    OF 


Ibid,  3  9. 
Of  enlisted 
men. 


Ibid.  1 10. 

Mounted 

troops. 


Ibid.  \  11. 

Transfer  of 
officers. 


second  lieutenant,  ninety  dollars;  and  the  adjutant 
shall  receive  ten  dollars  per  month  in  addition  to  his 
pay  as  a  lieutenant. 

277.  That  the  pay  of  the  enlisted  men,  per  month, 
shall  bo  as  follows  :  The  sergeant-major  and  quarter- 
master-sergeant, each  thirty-four  dollars;  sergeants, 
thirty-four  dollars;  corporals,  twenty  dollars;  artifi- 
cers, seventeen  dollars;  laborers  and  musicians,  thir- 
teen dollars. 

278.  The  mounted  engineer  troops  may  be  selected 
from  the  cavalry,  and  be  organized  according  to  the 
provisions  of  this  act,  for  engineer  troops,  as  herein- 
before specified. 

279.  Officers  of  the  engineer  corps  and  of  the  engi- 
neer troops  of  the  Provisional  Army,  of  equal  rank, 
may,  with  mutual  consent,  be  transferred  :  Provided, 
The  relative  rank  of  no  officer  of  either  corps  be  prej- 
udiced thereby. 


May  10, 1861 
ch.  7. 

Litrht  artil- 
lery. 


April  3, 1802 
ch.  17. 
Heavy  artil- 
lery 


Ibid.  I  2. 
All  compa- 
nies of  light 
and  heavy 
artillery. 


Jan.  22, 1862 
ch.  47. 
Officers  of 
artillery. 


XXI.    Artillery. 
[See  X  Reg.  Army,  58  et  seq.] 

280.  That  the  President  ma}7  receive  into  the  ser- 
vice of  the  Confederate  States  any  company  of  light 
artillery,  which  by  said  act  [88]  he  is  authorized  to  do, 
with  such  complement  of  officers  and  men,  and  with 
such  equipments  as  to  him  shall  seem  proper — anything 
in  the  said  act  of  the  6th  of  March,  1861,  to  the  con- 
trary notwithstanding. 

281.  That  the  act  approved  May  10th,  1861  [280], 
entitled  "  An  act  to  amend  an  act  to  provide  for  the 
public  defence,"  approved  March  6th,  1861,  be  and  the 
same  is  hereby  so  amended  as  to  apply  also  to  compa- 
nies received  into  service  for  duty  as  heavy  artillery. 

282.  The  provisions  of  this  act,  and  of  the  act  of 
May  10th,  1861,  shall  extend  to  all  companies  of  light 
and  heavy  artillery  which  are  now  in,  or  maybe  here- 
after received  into  the  service,  and  all  acts  or  parts  of 
acts  in  conflict  therewith  are  hereby  repealed. 

283.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint,  by  and  with  the  advice  and  consent 
of  Congress,  in  the  Provisional  Army,  and  in  the  vol- 


MILITARY    LAWS.  103 

unteer  corps,  officers  of  ai'tillery,  above  the  rank  of 
captain,  without  reference  to  the  number  of  batteries 
under  the  actual  command  of  the  officer  so  appointed, 
not  to  exceed  in  number,  however,  one  brigadier- 
general  for  every  eighty  guns,  one  colonel  for  forty 
guns,  one  lieutenant-colonel  for  every  twenty-four 
guns,  and  one  major  for  every  sixteen  guns. 

284.  That  for  the  purpose  of  enlarging  the  number  April  21, 
of  officers  of  artillery,  and  enabling  them  to  discharge  ch.  66. 
more  effectually  the  duties  of  ordnance  officers,  the  creased. 
President  is  hereby  authorized  to  appoint,  with  the  duties. 
advice  and  consent  of  the  Senate,  officers  of  artillery, 

of  the  rank  of  captain  and  first  lieutenant,  in  the  Pro- 
visional Army,  not  exceeding  eighty  in  number. 

285.  That  the  President,  by  and  with  the  advice  and  Sept.  ie, 

'      *  1862,  ch.  2. 

consent  of  the  Senate,  may  appoint  seventy  officers  of  officers  fur- 

1  •>       1  a  ■/  ther  mcreas- 

artillery  in  the  Provisional  Army,  for  the  performance  edforord- 

■'  "  x  nance  duties 

of  ordnance  duties,  in  addition  to  those  authorized  by 
the  act  [284]  entitled  "  An  act  to  authorize  the  appoint- 
ment of  officers  of  artillery  in  the  Provisional  Army," 
approved  April  twenty-first,  eighteen  hundred  and 
sixty-two ;  and  that  from  the  whole  number  of  artille- 
ry officers  appointed  to  discharge  ordnance  duties, 
there  shall  be  one  with  the  rank  of  lieutenant-colonel 
for  each  command  composed  of  more  than  one  army 
corps,  one  with  the  rank  of  major  for  each  army  corps 
composed  of  more  than  one  division,  and  the  residue 
with  the  rank  of  captain  and  of  first  and  second  lieu- 
tenant in  such  proportion  as  the  Pi*esident  shall  pre- 
scribe. 


XXII.  Military  Storekeepers. 
[See  45.] 
286.  That  the  President  be  authorized  to  appoint  as  May  1,  m& 

rr  \  1,  ch.  84. 

many  military  storekeepers  of  ordnance  in  the  Pro-  Appoint 

.    .  *  x  ment,  num- 

visional  Army  of  the  Confederate  States  as  may  be  ber.andpay. 
deemed  necessary,  not  to  exceed  in  all  eight  storekeep- 
ers, four  with  the  pay  and  allowances  of  a  captain  of 
infantry,  and  four  with  the  pay  and  allowances  of  a 
first  lieutenant  of  infantry. 


104 


DIGKST    OF 


Ibid,  I  2. 
First-class  to 
give  bonds. 


Eligibility. 


Feb.  17,  1864 
I  2,  ch.  60. 
Number    in- 
creased. 


287.  That  military  storekeepers  of  the  first-class  so 
appointed  shall  be  required  to  give  bonds  in  the  sum  of 
twenty  thousand  dollars,  and  those  of  the  second-class 
in  the  sum  of  ten  thousand  dollars,  when  charged  with 
the  disbursement  of  funds.  This  act  shall  be  in  force 
from  and  after  its  passage  :  Provided,  That  no  one  shall 
be  appointedunderitsprovisionsexceptofficers  without 
commands,  or  officers  or  privates  who  have  performed 
meritorious  services  in  the  field,  or  have  become  inca- 
pacitated by  wounds  or  sickness  for  active  service. 

288.  There  may  be  appointed  six  military  store- 
keepers, with  the  pay  and  allowances  of  captains  of 
infantry  [70],  who  shall  give  such  bond  for  the  faithful 
performance  of  their  duty  as  may  be  prescribed  by  the 
Secretaiy  of  War:  Provided,  That  the  said  storekeep- 
ers shall  be  appointed  from  persons  who  are  disquali- 
fied for  active  service  by  reason  of  wounds  received  in 
the  military  service,  or  disease  contracted  while  in  the 
army,  or  from  persons  over  forty-five  years  of  age. 


April  21, 
1862.  $  1, 
ch.  63! 
Officers  to 
form  bands 
of  partisan 
rangers. 


Ibid,  I  2. 
Pay,  rations, 
etc.,  of  parti- 
san rangers. 


Ibid,  ?  3. 
Arms  and 
munitions 
of  war 
captured. 


Feb.  17. 1864 
§  1,  ch.  54. 
Former  act 
repealed. 
Cavalry. 


XXIII.  Partisan  Bangers. 

289.  That  the  President  be  and  he  is  hereby  author- 
ized to  commission  such  officers  as  he  may  deem  prop- 
er, with  authority  to  form  bands  of  partisan  rangers 
[292]  in  companies,  battalions,  or  regiments,  either  as 
infantry  or  cavalry,  the  companies,  battalions,  or  regi- 
ments to  be  composed  each  of  such  numbers  as  the 
President  may  approve. 

290.  That  such  partisan  rangers,  after  being  regu- 
larly received  into  service,  shall  be  entitled  to  the  same 
pay,  rations,  and  quarters  during  their  term  of  service, 
and  be  subject  to  the  same  regulations,  as  other  soldiers. 

291.  That  for  any  arms  and  munitions  of  war  capt- 
ured from  the  enemy  by  any  body  of  partisan  rangers, 
and  delivered  to  any  quartermaster  at  such  place  or 
places  as  may  be  designated  by  a  commanding  gener- 
al, tLe  rangers  shall  be  paid  their  full  value  in  such 
manner  as  the  Secretary  of  War  may  prescribe. 

292.  That  the  act  of  Congress  aforesaid  be  and  the 
same  is  hereby  repealed  :  Provided,  That  organizations 
of  partisan  rangers,  acting  as  regular  cavalry  at  the 


MILITARY    LAWS.  105 

passage  of  this  act,  shall  be  continued  in  their  present 
organization  :  'Provided,  They  shall  hereafter  be  con- 
sidered as  regular  cavalry,  and  not  as  partisan  rangers. 

293.  That  all  the  bands  of  partisan  rangers  organ-  ^'|d2into 
ized  under  the  said  act  may,  as  the  interests  of  the  ser-  armyor- 

°  ganization. 

vice  allow,  be  united  with  other  organizations,  or  be 
organized  into  battalions  and  regiments,  with  the  view 
to  bringing  them  under  the  general  conditions  of  the 
Provisional  Army  as  to  discipline,  control,  and  move- 
ments, under  such  regulations  as  the  Secretary  of  War 
may  prescribe. 

294.  The  Secretary  of  War  shall  be  authorized,  if  he  gjy£ 
deems  proper,  for  a  time  or  permanently,  to  except  exTJpted? 
from  the  operation  of  this  act  such  companies  as  are 
serving  within  the  lines  of  the  enemy,  and  under  such 
conditions  as  he  may  prescribe. 

XXIV.  Sharp-shooters. 

295.  That  the  Secretary  of  War  may  cause  to  be  or-  Apia  21, 
ganized  a  battalion  of  sharp-shooters  for  each  brigade,  ch.  72. 

*>  r  to  J    Battalion  for 

consisting  of  not  less  than  three  nor  more  than  six  com-  each  brigade 
panies,  to  be  composed  of  men  selected  from  the  bri- 
gade or  otherwise,  and  armed  with  long-range  muskets  How  armed 

°  '  ™  "  andorgan- 

or  rifles,  said  companies  to  be  organized,  and  the  com-  ized. 
missioned  officers  therefor  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate. 
Such  battalion  shall  constitute  parts  of  the  brigades  to 
which  they  belong,  and  shall  have  such  field  and  staff  office™, 
officers  as  are  authorized  by  law  for  similar  battalions, 
to  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate. 

296.  That  for  the  purpose  of  arming  the  said  battal-  ibid,  §2. 

L        L  °  Arms ; 

ion,  the  long-range  muskets  and  rifles  in  the  hands  of  whence  ot>- 

'  to  &  tained. 

the  troops-  may  be  taken  for  that  purpose  :  Provided, 
The  government  has  not  at  its  command  a  sufficient 
number  of  approved  long-range  rifles  or  muskets 
wherewith  to  arm  said  corps. 

XXV.    PlKEMEN. 

297.  That  the  President  be  and  he  is  hereby  author-  ^^n 
ized  to  organize  companies,  battalions,  or  regiments  of  ch-22- 


106  DIOKST    OF 

organiza-  troops,  to  be  armed  with  pikes,  or  other  available  arms 
to  be  approved  by  him,  when  a  sufficient  number  of 
arms  of  the  kind  now  used  in  the  service  can  not  be 
procured;  such  companies,  battalions, or  regiments  to 
be  organized  in  the  same  manner  as  like  oi'ganizations 
of  infantry  now  are  under  existing  laws. 

Toserve  as         ^98.  That  the  President  maj^  cause  the  troops  armed 

infantry  do.  an(j  organized  a s  her/ein  provided,  to  serve  as  similar 
organizations  of  infantry  now  do,  or  to  attach  troops 
so  armed  to  other  regiments  in  the  service,  in  numbers 
not  exceeding  two  companies  of  troops  so  armed  to 
each  regiment.  And  the  colonel  of  the  regiment  to 
which  such  companies  may  be  attached  shall  have 
power  to  detail  men  from  such  companies  to  take  the 

vacancies  in  piace  0f  men  \n  the  companies  armed  with  fire-arms, 

the  com  pa-       l  r  J 

nies  armed     whenever   vacancies    may  occur  from    death   or  dis- 

with  fire-  •» 

arms.  charge,  or  in  cases  of  absence  from  sickness,  furlough, 

or  any  other  cause — the  time  intent  and  meaning  of 
this  provision   being  to  render  every  fire-arm  in  the 
army  available  at  all  times,  by  having  it  always  in  the 
hands  of  a  well  and  effective  man. 
n.id, §3.  299.  Immediately  after  the  passage  of  this  act,  it 

acttobe fur-  shall  be  the  duty  of  the  Secretary  of  War  to  furnish  a 

nished  to  „     .  .   .       ;l 

every  gen-     copy  or  the  same  to  every  general  in  the  service. 

eral. 

XX YI,  Signal  Corps. 
£j£?  au'  .„       300.  That  the  President  be  and  he  is  hereby  author- 

1862.  ch.  40.  * 

corps  organ-  jZed,  by  and  with  the  advice  and   consent  of  the  Sen- 

ized.  * 

ate,  to  appoint  ten  officers  in  the  Provisional  Army,  of 
a  grade  not  exceeding  that  of  captains,  and  with  the 
pay  of  corresponding  grades  of  infantrj'  [70],  who 
shall  perform  the  duties  of  signal  officers  of  the  Army. 
And  the  President  is  hereby  authorized  to  appoint  ten 
sergeants  of  infantry  in  the  Provisional  Army,  and  to 
assign  them  to  duty  as  signal  sergeants.  The  signal 
corps  above  authorized  may  be  organized  as  a  separate 
corps,  or  may  be  attached  to  the  department  of  the 
Adjutant  and  Inspector-General,  or  to  the  Engineer 
corps,  as  the  Secretary  of  "War  shall  direct. 
?!?«•  ^  ■.,        301.  That  the  President,  by  and  with  the  advice  and 

1862,  ch.  14.  '     •> 

corps  in-       consent  of  the  Senate,  may  appoint  one  major,  ten  first 


MILITARY    LAWS.  107 

and  tea  second  lieutenants  in  the  signal  corps,  and  that 
the  Secretary  of  War  may  appoint  twenty  additional 
sergeants  in  the  said  corps. 

XXVII.  Drill-masters. 

302.  Whereas,  under  the  authority  of  some  of  the   A«g.3i,i86i 

'  ,  '  .  .      Res.  7. 

states,  drill-masters  were  attached  to  various  regi-  Preamble, 
mentsj  And  whereas  such  office[r]s  are  not  recog- 
nized by  the  laws  of  the  Confederate  States,  and  con- 
sequently were  not  mustered  into  service ;  And 
whereas  several  of  such  drill-masters  have  neverthe- 
less continued  to  do  effective  service,  voluntarily, 
with  their  respective  regiments:  Therefore, 

Resolved.    That  such    drill-masters    be   granted   an  Honorable 

discbarge. 

honorable  discharge  whenever  they  shall  apply  there- 
for. 

303.  That  the  President  be  and  he  is  hereby  author-  a„p«i  w,  ^ 

J  1862,  ch.  46. 

ized  and  empowered  to  appoint  drill-masters  for  camps  For  camps  of 

1  *  x  .  A       instruction 

of  instruction  ri76"|  or  reserve  forces  in  any  arm  of  and  reserve 

L  J  J  forces. 

the  military  service,  with  such  pay  as  the  Secretary 
of  War  may  prescribe. 

XXVIII.  Buglers  and  Musicians. 

304.  That  the  President  be  and  he  is  hereby  author-  Dec.  10,  i86i 

.    .  ch.  7.    Ap- 

ized  to  appoint  a  chief  bugler  or  principal  musician,  pointmentof 
according   to  corps,  to  each  regiment  in  the  Provi- 
sional Army. 

305.  That  whenever  colored  persons  are  employed  April  is, 

18o2?  ell.  z-9» 

as  musicians  in  any  regiment  or  companj'",  they  shall  Pay  of 
be  entitled  to  the  same  pay  now  allowed  by  law  to  musicians. 
musicians  regularly  enlisted  [75]  :  Provided,  That  no 
such  person  shall  be  so  employed  except  by  the  con- 
sent of  the   commanding   officer  of  the  brigade  to 
which  said  regiments  or  companies  may  belong. 

XXIX.   Disqualified,  Disabled,  and   Incompetent 
Officers. 

306.  That  whenever,  in  the  judgment  of  the  general  Oct.  13, 1862 

n     i  •  §  1,  ch.  57. 

commanding  a  department,  the  good  of  the  service  Examining 
and  the  efficiency  of  his  command  require  it,  he  is 
authorized,  and  it  is  hereby  made  his  duty,  to  appoint 


108  DIGEST    OF 

an  examining  board,  to  be  composed  of  officers  of  a 
rank  at  least  as  bigli  as  that  of  the  officers  whose 
Duties.         qualifications  it  is  proposed  to  inquire    into,  which 
board  shall  immediately  proceed  to  examine  into  the 
cases  of  such  officers  as  may  be  brought  to  their  at- 
tention for  the  purpose  of  determining  their  qualifica- 
tions for  the  discharge  of  the  duties  properly  apper- 
taining to  their  several  positions. 
Dedsionof        ^ ''  That  whenever  such   examining  board   shall 
the  board      determine  that  any  officer  is  clearly  unfit  to  perform 

and  report  of  •>  j  1 

its  proceed-  hj8  legitimate  and  proper  duties,  or  careless  and  inat- 
tentive in  their  discharge,  then  the  said  board  shall 
communicate  their  decision,  together  with  the  full 
report  of  their  proceedings  in  the  case,  to  the  general 
commanding  the  department  in  which  the  examina- 
tion shall  have  been  held,  who  shall,  if  he  approve  the 
finding  of  the  board,  be  authorized  to  suspend  the 
officer  who  has  been  pronounced  unfit  for  his  position, 
and  shall  immediately  transmit  to  the  Secretary  of 
"War  the  decision  and  proceedings  of  the  examining 
board,  with  its  own  action  and  opinion  endorsed  there- 
on :  Provided,  That  such  officer  shall  be  entitled  to  bo 
heard  and  to  call  witnesses  in  his  defence. 

ibid,  \  3.  808.  That  the  Secretaiy  of  War,  if  he  approve  the 

Secretary  of 

war's ap-      finding  of  the  board  and  the   action  of  the  general 

commanding  the  department,  shall  lay  the  same  be- 

Presidenfs     fore  the  President,  who  is  authorized  to  retire  honor- 
authority,        ii.i  ii  i/ii 
ably,  without  pa}r  or  allowances,  or  to  drop  from  the 

army,  as  the  circumstances  of  the  case  may  warrant 

and  the  good  of  the  service  require,  the  officer  who 

has  been  found  unfit  for  his  position. 

ibid,  g 4.  309.  That  in  order  to  secure  reliable  information  of 

Monthly  re-  .  .... 

ports  of  the  the  efficiency  and  competence  of  officers,  it  is  hereby 

conduct  of  i        i         i  i>  i        rv»  t 

commission-  made  the  dut}T  of  each  officer  commanding  a  regiment, 
separate  battalion,  company,  battery,  or  squadron,  to 
make  to  his  immediate  commanding  officer,  who  shall 
transmit  the  same  to  the  brigadier-general  command- 
ing, a  monthly  report  in  tabular  form,  a  copy  whereof 
shall  be  retained  by  the  reporting  officer,  subject  to 
the  inspection  of  all  officers  interested  therein,  con- 
taining a  list  of  all  commissioned  officers  of  such  regi- 


MILITARY    LAWS.  109 

ment,  separate  battalion,  company,  battery,  or  squad- 
ron, in  which  shall  be  stated  the  number  of  days  each 
officer  has  been  absent  from  his  command,  with  or 
without,  or  on  sick  leave;  the  number  of  times  each 
officer  has  been  observed  to  have  been  absent  from 
his  command  when  on  march  or  in  action ;  when  and 
where  each  officer  has  been  observed  to  have  perform- 
ed signal  acts  of  service;  when  and  where  negligent 
in  the  performance  of  duty  and  inattentive  to  the 
security  and  economy  of  public  property — printed 
blank  forms  of  which  said  reports  shall  be  furnished 
by  the  Secretary  of  War  for  the  use  of  the  officers 
whose  duty  it  is  made  to  make  such  reports. 

310.  That  whenever  any  officer  of  a  company,  bat-  ibw,2  5. 

Vac&nci&s  * 

talion,  squadron,  or  regiment  shall  have  been  dropped  howmied' 
or  honorably  retired,  in  accordance  with  the  provi-  officers  are 
sions  of  this  act,  then  the  officer  next  in  rank  shall  be  honorably 
promoted  to  the  vacancy,  if  competent — such  compe- 
tency to  be  ascertained  as  provided  in  the  first  and 
second  sections  of  this  act — and  if  not  competent,  then 
the  next  officer  in  rank  shall  be  promoted,  and  so  on 
until  all  the  commissioned  officers  of  the  company, 
battalion,  squadron,  or  regiment  shall  have  have  been 
gone  through  with;  and  if  there  be  no  officer  of  the 
company,  battalion,  squadron,  or  regiment  competent 
to  fill  the  vacancy,  then  the  President  shall,  by  and 
with  the  advice  and  consent  of  the  Senate,  fill  the 
same  by  appointment :  Provided,  That  the  officer  ap- 
pointed shall  be  from  the  same  state  as  that  to  which 
the  company,  battalion,  squadron,  or  regiment  be- 
longs :  And  provided,  further,  That  nothing  herein 
contained  shall  be  construed  as  limiting  the  power 
heretofore  conferred  upon  the  President  by  existing 
laws  to  fill  any  vacancy  by  the  promotion  of  officers 
or  the  appointment  of  privates  "  distinguished  in  the 
service  by  the  exhibition  of  extraordinary  valor  and 
skill"  [105,  157, 158,  382]  :  And  provided,  further,  That 
vacancies  arising  under  the  Operation  of  this  act,  in 
regiments  or  battalions  which  were  organized  under 
the  laws  of  a  state  for  the  war,  or  for  a  period  not  yet 
expired,  shall  be  filled  as  in  case  of  death  or  resignation. 


no 


DIGEST    OF 


Feb.  17. 1864 
I  1,  ch.  56. 
Retirement 
or  discharge 
of  persons 
disabled  by 
service. 


Ibid,  11. 
Examina- 
tion before 
medical 
board. 


Ibid,  \  S. 

Periodical 

examination 


Ibid,  ji  4. 
Assignment 
to  suitable 
duty. 


Ibid,  I  5. 
Rules. 


XXX.  Invalid  Corps. 

311.  That  all  officers,  non-commissioned  officers, 
musicians,  privates,  and  seamen  who  have  or  shall 
become  disabled  by  wounds  or  other  injuries  received, 
or  disease  contracted  in  the  service  of  the  Confederate 
States  and  in  the  line  of  duty,  shall  be  retired  or  dis- 
charged from  their  respective  positions, as  hereinafter 
provided.  But  the  rank,  pay,  and  emoluments  of 
such  officers,  and  the  pay  and  emoluments  of  such 
non-connnissioued  officers,  musicians,  privates,  and 
seamen  shall  continue  to  the  end  of  the  war,  or  as 
long  as  they  shall  continue  so  retired  or  discharged. 

312.  That  all  persons  claiming  the  benefits  of  this 
act  shall  present  themselves  for  examination  to  one  of 
the  medical  examining  boards  now  established  by  law. 
Upon  the  certificate  of  such  board  that  such  perma- 
nent disability  exists,  such  persons  shall  be  retired  or 
discharged  as  aforesaid. 

313.  That  all  persons  retired  or  discharged  as  afore- 
said shall  periodically,  and  at  least  once  in  six  months, 
present  themselves  to  one  of  said  boards  for  further 
examination,  under  regulations  to  be  prescribed  by 
the  Secretary  of  War — the  result  of  which  examina- 
tion shall  be  reported  by  such  board  to  the  said  secre- 
tary. And  if  any  such  person  shall  fail  so  to  report 
himself  to  such  board  whenever  he  shall  be  required 
so  to  do,  he  shall  be  dropped  from  said  retired  or  dis- 
charged list,  and  become  liable  to  conscription  under 
the  terms  of  the  law,  unless  such  failure  shall  be 
caused  by  physical  disability. 

314.  That  the  Secretary  of  War  may  assign  such 
officers,  and  order  the  detail  of  such  non-commissioned 
officers,  musicians,  privates,  and  seamen  for  such  dut)r 
as  they  shall  be  qualified  to  perform.  If  any  such 
non-commissioned  officers,  musicians,  privates,  and 
seamen  shall  be  relieved  from  disability,  they  shall  be 
restored  to  duty  in  their  respective  commands. 

315.  That  the  Secretary  of  War  shall  make  all  need- 
ful rules  and  regulations  for  the  action  of  the  medical 
boards  as  aforesaid. 


MILITARY    LAWS.  HI 

316.  That  vacancies  caused   by  the   retirement  of  vacancies 
officers  under  this  act,  shall  be  filled  as  in  case  of  the 
death  or  resignation  of  such  officers. 

317.  This  act  shall  be  in  force  from  its  passage.  Mttolehx 

force. 

XXXI.  Retirement  of  Officers. 

318.  That  the  President  be  and  he  is  hereby  author-  Feb;n,i864 
ized,  upon  the  recommendation  of  any  general  com-  wiien'm- 

...  i  •      i  competent 

manding  a  department  or  any  army,  to  discharge  or  without 
from  service  any  officer  of  the  Confederate  States 
Army,  or  of  the  Provisional  Army  of  the  Confederate 
States,  who  has  no  command,  and  can  not  be  assigned 
to  any  appropriate  duty,  or  who  is  incompetent  or 
inefficient,*  or  who  may  be  absent  from  his  command 
or  duty  without  leave  :  Provided,  That  any  officer  who 
may  be  discharged  for  incompetency,  inefficiency,  or 
absence  from  his  command  or  duty  without  leave, 
shall  be  entitled  to  a  trial  before  an  examining  board, 
under  existing  laws,  if  he  demands  it  of  the  command- 
ing general  within  thirty  days  :  Provided,  further',  That 
it  shall  not  extend  to  any  officer  who  is  absent  on  ac- 
count of  his  captivity. 

XXXII.  Drunkenness. 

319.  That  any  commissioned  officer  of  the  Regular  April  21, 
or  Provisional  Army  who  shall  be  found  drunk,  either  en.  62. 
while  on  or  off  duty,  shall,  on  conviction  thereof  before 

a  court  of  inquiry  [322],  be  cashiered  or  suspended 
from  the  service  of  the  Confederate  States,  or  bo  pub- 
licly reprimanded,  according  to  the  aggravation  of  the 
offence;  and  in  addition  to  a  sentence  cashiering  any 
such  officer,  he  may  also  be  declared  incapable  of  hold- 
ing any  military  office  under  the  Confederate  States 
during  the  war. 

320.  That  it  shall  be  the  duty  of  all  officers  to  report  ibid,  g  2. 
to  the  commanding  officer  of  the  post,  regiment,  or  cases! 
corps  to  which  they  belong,  all  cases  coming  under 
their  observation  of  intoxication  of  commissioned  offi- 
cers, whether  of  superior  or  inferior  grades  to  them- 
selves ;  and  it  shall  be  the  duty  of  the  commanding  'rrittl- 

*  See  also  306  et,  sen. 


1  12  DIGEST    OF 

officer  of  the  division  or  brigade  to  which  said  post, 
regiment,  or  corps  belongs,  to  whom  such  report  may 
be  made,  to  report  the  same  to  the  officer  commanding 
the  brigade  or  division,  who  shall  organize  said  court 
and  order  the  trial  of  said  offender  at  the  earliest  time 
consistent  with  the  public  service, 
ibid,  \  3.  321.  The  findings  of  any  such  court  shall  be  prompt- 

Imdings  of  °  J  *■  ± 

courts.  \y  transmitted  to  the  Secretary  of  War,  by  the  com- 

manding officer,  together  with  his  approval  or  disap- 
proval thereof,  and  shall  be  reported  to  Congress  at 
the  next  session  thereafter,  by  the  said  secretary. 

Feb.  it,  1864       322.  That  the  jurisdiction  conferred  upon  courts  of 

jurisdiction   inquiry  T319],  in  the  act  above  recited,  is  hereby  re- 
conferred  onUl7LJ  ....  .  '  , 
military        pealed,  and  the  said  jurisdiction  is  hereby  conferred, 

courts  and       1  J  J 

general         for  the  punishment  of  the  offence  therein  named,  upon 

courts-mar-        ....  .  .  .    . 

tiai.  the  military  courts  and  general  courts-martial  con- 

vened in  the  Army  of  the  Confederate  States ;  and  the 
proceedings  therein  shall  be  subject  to  review,  as  in 
other  cases. 

ibid,  |2.  323,  That  any  citizen  of  the  Confederate  States  is 

Any  citizen  J 

may  report    hereby  authorized  to  make  report  of  any  violation  of 

violations  of  "  £  •* 

the  act.         the  provision  of  the  act  to  which   this  is  an  amend- 
ment, in  the  same  manner  as  officers  of  the  army  are 
now  required  to  do. 
intemperate       ^24.  Upon  any  trial  for  drunkenness  it  shall  be  law- 
habits.          fui  i0  prove)  without  special  charge,  that  the  accused 
Penalty.        is  of  intemperate  habits ;  and  if  the  court  shall  find 
that  he  is  of  such  habits,  he  shall  be  cashiered  or  other- 
wise punished  at  the  discretion  of  the  court. 

XXXIII.  Absence  without  Leave.* 

IMS/bit'  ^2^'  r-^natl  no  officer  or  soldier  of  the  army  shall  re- 

cn.  25.  ceive  pay  for  any  period  during  which  he  may  be  ab- 

sent without  gent  without  leave,  or  beyond  the  leave  granted  from 

leave  not  to  "  ° 

receive  pay.  competent  authority,  according  to  the  regulations  of 
the  army:  Provided,  That  this  restriction  shall  not  af- 
fect the  sick  and  wounded  in  hospitals. 

ibid, 22  326.  In  order  to  enforce  the  requirements  of  the 

Length  of  a 

absence  to     foregoing  section,  it  is  herebv  made  the  duty  of  com- 
be stated  on  °        °  '  "  J 

*  See  also  318. 


MILITARY    LAWS. 


113 


manding  officers  of  companies  to  state  upon  the  mus-  |^g£enrdrollg 
ter  and  pay  rolls  of  their  companies  the  length  of  time  » ^ff?  ^ 
any  officer  or  soldier  has  been  absent  therefrom,  with-  be  deducted. 
out  leave  of  competent  authority,  since  the  previous 
payment,  when  the  deduction  of  pay  for  such  absence 
will  be  made  by  the  quartermaster  from  the  amount 
otherwise  due  the  officer  or  soldier;  and  any  com- 
mander of  a  company  who  shall  fail  to  note  such  ab- 
sence on  the  muster  and  pay  rolls  of  the  company  shall 
be  required  to  refund  to  the  government  the  amount 
forfeited  by  such  absent  officer  or  soldier,  unless  it  shall 
already  have  been  received  from  the  officer  or  soldier 
so  absent. 

327.  Officers  shall  certify  upon  honor  on  their  pay  ibid,  g  3. 

ii  ,  ii  ii  i  Officers  to 

accounts,  whether  they  have  or  have  not  been  absent,  certify  on 

without  leave  by  competent  authority,  within  the  time  absence 

for  which  they  claim  pay ;  and  if  absent  without  leave, 

they  shall  state  in  their  certificates  the  time  and  period 

of  such  absences.     In  like  manner,  commanding  offi-  Certificateof 

command- 
eers of  companies  shall  certify  on  honor  on  their  pay  ing  officers 

ofcompanies 

accounts  that  they  have  stated  fully  and  correctly  on 
the  muster  and  pay  rolls  of  their  companies  the  length 
of  time  each  officer  and  soldier  of  the  company  has 
been  absent  without  leave  since  the  last  payment  of 
the  company. 

328.  That  this  act  shall  not  be  construed  to  relieve  ibid,  §4- 

_,  .  „  ,  As  to  other 

any  officer  or  private  from  any  other  penalty  to  which  penalties. 
he  may  be  liable  by  existing  laws  or  regulations. 

XXXIV.  Punishment  by  Whipping  Prohibited. 

329.  That,  from  and  after  the  passage  of  this  act,  it  April  13, 
shall  not  be  lawful  for  any  court-martial  or  military  ch.  w. 
court  to  cause  any  soldier  in  the  service  of  the  Con-  to  be  pun- 
federate  States  to  be  punished  by  whipping,  or  the  in-  "hipping, 
fliction  of  stripes  upon  his  person ;  and  that  all  laws 

and  customs  contravening  the  provisions  of  this  act 
be  and  the  same  are  hereby  repealed. 

330.  That  article  twenty  of  the  Articles  of  War*  n,id,g2. 

J  Article  of 

be  so  amended  as  to  read  as  follows :  "  All  officers  and  war  "twen- 
ty "  amend- 

~ ■ ed. 

*  See  Appendix. 


114 


DIGEST    OF 


soldiers  who  have  received  pay,  or  have  been  duly  en- 
listed in  the  service  of  the  Confederate  States,  and  shall 
be  convicted  of  having  deserted  the  same,  shall  suffer 
death  or  confinement  in  penitentiary,  with  or  without 
hard  labor,  for  a  period  not  less  than  one  year,  or  more 
than  five,  or  such  other  punishment,  not  inconsistent 
with  the  provisions  of  this  act,  as  the  court-martial  or 
military  court  may  determine." 


April  27, 
1863,  ch.  43. 
Pay  as  clerks 
increased  to 
ono  dollar 
per  day. 


May  1,1863 
g  1,  ch.  72. 
Pay  increas- 
ed to  three 
dollars  per 
day,  in  lieu 
of  rations 
and  allow- 
ance. 


Ibid.  \  2. 
Duration  of 
the  act. 


Jan.  6, 1 864 
ch.  6. 
Extended. 


XXXV.  Detailed  Soldiers*  and  Transfer  of 
Troops. 

331.  That  the  extra  pay  now  allowed  soldiers  de- 
tailed to  perform  the  duties  of  clerks  in  any  of  the  pub- 
lic offices  in  the  City  of  Richmond,  by  reason  of  their 
physical  disability  to  serve  in  the  field,  shall  be  in- 
creased from  twenty-five  cents  per  day  to  one  dollar 
per  day  [332  et  seq.~]  from  and  after  the  passage  of  this 
act. 

332.  That  non-commissioned  officers,  musicians,  or 
privates,  when  employed  on  detached  or  detailed  ser- 
vice by  a  departmental  or  other  commander  of  a  dis- 
trict, or  under  the  direction  of  any  of  the  military 
bureaus,  instead  of  the  compensation  now  allowed, 
may  be  allowed  the  sum  of  not  more  than  three 
dollars  [335]  per  day,  in  lieu  of  rations  and  all  other 
allowances,  upon  the  recommendation  of  the  officer 
immediately  in  charge  of  such  men,  with  the  approval 
of  the  commander  or  chief  of  bureau,  as  the  case  may 
be,  and  the  sanction  of  the  Secretary  of  War. 

333.  This  act  shall  remain  in  force  for  one  year 
[334]  from  the  first  day  of  January,  eighteen  hundred 
and  sixty-three. 

334.  That  the  act  entitled  "  An  act  to  provide  for  the 
compensation  of  certain  persons  therein  named,"  ap- 
proved May  the  first,  eighteen  hundred  and  sixty- 
three,  which,  by  its  own  limitation,  would  expire  on 
the  first  day  of  January,  eighteen  hundred  and  sixty- 
four,  be  and  the  same  is  hereby  continued  in  force  un- 


*  For  details  for  manufacture  of  shoes.  231,  and  for  pay,  see  232. 

For  details  of  clerks  to  quartermasters  and  commissaries,  172,  203.  204. 

For  transfer  of  troops  to  organizations  from  their  own  states,  see  167. 


MILITARY    LAWS.  115 

til  the  first  of  January,  eighteen  hundred  and  sixty- 
five. 

■  335.  That  the  "  Act  to  increase  the  compensation  of  £eb.i7,i864 
certain  civil  officers  and  employees  in  the  President's  increase  of 
office,  and  in  the  Executive  and  Legislative  depart- 
ments at  Richmond,  for  a  limited  period,"  approved 
January  thirtieth,  eighteen  hundred  and  sixty-four,  be 
and  the  same  is  hereby  construed  so  as  to  embrace, 
soldiers  detailed  for  clerical  duty  in  Richmond. 

336.  That  it  shall  be  the  duty  of  the  Secretary  of  ggJK 
War  to  transfer  any  private  or  non-commissioned  ofii-  Transfer  of 

"    ±  .  troops  to 

cer  who  may  be  in  a  regiment  from  a  state  of  this  Con-  regiments 

^  °  from  their 

federacy  other  than  his  own,  to  a  regiment  from  his  own  states. 
own  state,  whenever  such  private  or  non-commission- 
ed officer  may  apply  for  such  transfer,  and  whenever 
such  transfer  can  be  made  without  injury  to  the  pub- 
lic service  ;  and  the  Secretary  of  War  shall  make  regu- 
lations to  facilitate  such  transfer :  Provided,  That  this 
act  shall  not  apply  to  any  one  who  has  enlisted  as  a 
substitute. 

337.  That  whenever  the  Secretary  of  War  shall  grant  J^f ',8^ 
transfers  agreeable  to  the  above  act  [336]  to  any  soldier  ^*nsporta" 
now  in  the  service,  he  shall  furnish  transportation  also. 

XXXVI.  Pay  and  Allowances  due  Deceased 

Soldiers. 
3o8.  That  the  pay  and  allowances  due  to  any  deceas-  |^b.  lb'JfG2 
ed   volunteer,  non-commissioned  officer,  musician,  or  To  whom 

payment 

private  in  the  Army  of  the  Confederate  States,  shall  shaiibe 

*■     '  ^  '  made. 

be  paid  to  the  widow  of  the  deceased,  if  living ;  if  not, 
to  the  children,  if  any;  and  in  default  of  widow  or 
children,  to  the  father,  if  living,  and  if  not,  to  the 
mother  of  such  deceased  volunteer. 

339.  The  pay  and  allowance  due  as  aforesaid  shall  2"t^of 
be  paid  by  the  paymaster  or  proper  officer  charged  payment. 
with  the  payment  of  the  troops,  to  the  person  or  per- 
sons entitled  to  the  same,  or  to  his  or  her  authorized 
agent,  attorney,  or  guardian,  upon  the  pay-roll  [340] 
made  out  and  certified  by  the  captain  or  commanding 
officer  of  the  company  to  which  the  deceased  was  at- 
tached, which  pay-roll  the  captain  or  commanding  offi- 


116 


DIGEST    OF 


Oct.  3,  1862 
1 1,  ch.  25. 
"When  pay- 
ment may 
be  made 
without 
producing 
pay-roll. 


Ibid,  1 2. 
Claims  of 
deceased 
commission- 
ed officers. 


Ibid,  1 3. 
Clerks  to 
assist  in 
settling 
claims. 


Ibid,  I  4. 
Clerks  to  be 


cer  as  aforesaid  shall  make  out  and  deliver  to  the  per- 
son or  persons  entitled  to  such  pay  and  allowance,  or 
to  his,  her,  or  their  authorized  agent,  attorney,  or  guar- 
dian, and  shall  state  in  such  pay-roll  the  name  of  the 
deceased  volunteer,  the  company  and  regiment  to 
which  he  was  attached,  and  the  date  of  his  enlistment 
and  death  ;  and  the  paymaster  or  officer  to  whom  said 
pay-roll  shall  he  directed  shall  pay  the  same  accord- 
ing to  the  tenor  thereof,  and  shall  file  such  pay-roll 
with  the  pay-rolls  of  the  army. 

340.  That  claims  due  to  deceased  non-commissioned 
officers  and  privates  for  pay,  allowances,  and  bounty, 
may  be  audited  and  paid  without  the  necessity  of  the 
parties  entitled  producing  a  pay-roll  from  the  captain 
or  commanding  officer,  when  there  is  other  official  evi- 
dence of  the  amount  due  satisfactory  to  the  Second 
Auditor,  under  such  regulations  as  he  has  or  may  pre- 
scribe, with  the  approval  of  the  Secretary  of  War. 

341.  The  claims  of  deceased  commissioned  officers 
shall  be  paid  to  their  heirs  or  representatives  in  the 
same  manner  as  similar  claims  of  non-commissioned 
officers  and  privates  are  now  or  may  be  directed  by 
law  to  be  paid;  and  to  assist  the  Second  Auditor  in 
more  effectually  carrying  out  the  provisions  of  this  act, 
and  other  pressing  business  of  his  office,  the  Secretary 
of  the  Treasury  is  authorized  to  appoint  an  experi- 
enced accountant  who,  with  the  chief  clerk,  shall  have 
authority  to  sign  and  attest  such  official  business  as 
said  auditor  shall  approve  and  direct. 

342.  The  Secretary  of  the  Treasmy  is  hereby  au- 
thorized to  employ  in  the  office  of  the  Second  Auditor 
as  many  additional  temporary  clerks  as  he  may  think 
necessary,  to  assist  said  auditor  in  the  settlement  of 
the  claims  of  deceased  officers  and  soldiers — the  com- 
pensation of  said  clerks  to  be  four  dollars  per  day,  and 
without  any  addition  whatever,  for  every  day  they 
shall  be  so  actually  engaged,  except  one,  whose  annual 
compensation  shall  be  fifteen  hundred  dollars,  the 
others  to  be  paid  weekly  at  the  Treasury,  upon  a  cer- 
tificate of  service  of  said  auditor. 

343.  This  act  shall  take  effect  from  its  passage,  and 


MILITARY    LAWS.  117 

the  third  section  shall  continue  in  force  for  twelve  !™?l°yfd 
months  and  no  longer  [344].  months. 

344.  That  the  third  section  of  an  act  entitled  "  An  May},  1863 

ch.  76. 

act  supplementary  to  an  act  concerning  the  pay  and  Employ 

rif  J  is  r    J  ment  con- 

allowance  due  to  deceased  soldiers,"  approved  Febru-  tinued  until 

otherwise 

ary  fifteenth,  eighteen  hundred  and  sixty-two  [342],  provided  by 
and  to  provide  for  the  prompt  settlement  of  claims  for 
arrearages  of  pay,  allowance,  and  bounty  due  deceas- 
ed officers  and  soldiers,  be  continued  of  force  until 
otherwise  provided  by  Congress. 

345.  That,  upon  the  application  of  the  governor  of  Feb.ie,  1864 
any  of  the  Confederate  States,  the  Secretary  of  War  stateagents. 
be  and  he  is  hereby  authorized  to  grant  passports  and 
transportation  to  an  officer  of  such  state,  duly  commis- 
sioned according  to  the  law  of  said  state,  to  commu- 
nicate with  its  troops  for  such  purposes,  and  at  such 

times  and  places  as  shall  be  approved  by  the  Secretary 
of  War ;  and  such  officer  shall  be  allowed  to  purchase 
for  himself  supplies  from  the  commissary  stores  on 
the  same  terms  with  officers  of  similar  rank  in  the  ser- 
vice of  the  Confederate  States,  and  according  to  the 
regulations  which  govern  them :  Provided,  Such  sup- 
plies shall  not  exceed  those  which  a  colonel  of  the  Con- 
federate States  is  allowed  to  purchase  :  Provided,  That 
these  agents  shall  be  charged  with  the  duty  of  obtain- 
ing from  the  officers  in  command  of  companies  final 
statements  of  deceased  soldiers,  to  be  filed  in  the  Sec- 
ond Auditor's  office  to  facilitate  the  settlement  of  such 
claims, 

XXX  VII.  Military  Courts. 

346.  That  courts  shall  be  organized,  to  be  known  as  Oct.  9, 1862 

....  i      ■•'  i  .       ,.        31,  ch.36. 

military  courts,  one  to  attend  each  army  corps  in  the  one  to  each 
field,  under  the  direction  of  the  President.     Each  court  To™onsistPof 
shall  consist  of  three  members,  two  of  whom  shall  con-  bera6  mem 
stitute  a  quorum,  and  each  member  shall  be  entitled 
to  the  rank  and  pay  of  a  colonel  of  cavalry,  shall  be 
appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  shall  hold  his  office  dur- 
ing the  war,  unless  the  court  shall  be  sooner  abolish- 
ed by  Congress.     For  each  court  there  shall  be  one  v^f|  Ad" 


1 18  dickst  of 

J  udge  Advocate,  to  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  with 
the  rank  and  pay  of  a  captain  of  cavalry,  whose  duties 
shall  be  as  prescribed  by  the  Kules  and  Articles  of  War, 
except  as  enlarged  or  modified  by  the  purposes  and 
provisions  of  this  act,  and  who  shall  also  hold  his  office 
during  the  war,  unless  the  court  shall  be  sooner  abol- 
ished by  the  Congress  ;  and  in  case  of  the  absence  or 
disability  of  the  Judge  Advocate,  upon  the  application 
of  the  court,  the  commander  of  the  army  corps  to 
which  such  court  is  attached  may  appoint  or  detail  an 
officer  to  perform  the  duties  of  Judge  Advocate  during 
such  absence  or  disability,  or  until  the  vacancy,  if  any, 
shall  be  filled  by  the  President, 
ibid,  §  2.  347.  Bach  court  shall   have  the  right  to  appoint  a 

marshal  and  provost  marshal  to  attend  its  sittings  and  execute  the 
orders  of  the  court,  with  the  rank  and  pay  of  a  captain 
of  cavalry;  and  also  a  clerk,  who  shall  have  a  salary 
of  one  hundred  and  twenty-five  dollars  per  month,  who 
shall  keep  the  record  of  the  proceedings  of  the  court, 
and  shall  reduce  to  writing  the  substance  of  the  evi- 
dence in  each  case,  and  file  the  same  in  court.  The  pro- 
vost marshal  and  clerk  shall  hold  their  offices  during 
oatu  of         the  pleasure  of  the  court.     Bach  member  and  officer  of 

members 

and  officers  the  court  shall  take  an  oath  well  and  truly  to  discharge 
the  duties  of  his  office  to  the  best  of  his  skill  and  abili- 
ty, without  fear,  favor,  or  reward,  and  to  support  the 
Constitution  of  the  Confederate  States.  Each  member 
of  the  court,  the  Judge  Advocate,  and  the  clerk,  shall 
have  the  power  to  administer  oaths. 

ibid, §3.  348.  Bach  court  shall  have  power  to  adopt  rules  for 

court.0  conducting  business  and  for  the  trial  of  causes,  and  to 
enforce  the  rules  adopted,  and  to  punish  for  contempt, 
and  to  regulate  the  taking  of  evidence,  and  to  secure 
the  attendance  of  witnesses,  and  to  enforce  and  exe- 
cute its  orders,  sentences,  and  judgments,  as  in  cases 
of  courts-martial. 

ibid,  h-  349.  The  jurisdiction  of  each  court  shall  extend  to 

Jurisdiction  . 

.ifeachconrt  all  offences  now  cognizable  by  courts-martial  under  the 
Bu.les  and  Ai'ticles  of  War  and  the  customs  of  war, 
and  also  to  all  offences  defined  as  crimes  by  the  laws 


MILITARY    LAWS.  119 

of  the  Confederate  States  or  of  the  several  states,  and, 
when  beyond  the  territory  of  the  Confederate  States, 
to  all  cases  of  murder,  manslaughter,  arson,  rape,  rob- 
bery, and  larceny,  as  defined  by  the  common  law,  when 
committed  by  any  private  or  officer  in  the  Army  of  the 
Confederate  States,  against  any  other  private  or  officer 
in  the  army,  or  against  the  property  or  person  of  any 
citizen  or  other  person  not  in  the  army  :  Provided,  Said 
courts  shall  not  have  jurisdiction  of  offenders  above 
the  grade  of  [357]  colonel.  For  offences  cognizable  by 
court s-mai'tial  the  court  shall,  on  conviction,  inflict 
the  penalty  prescribed  by  the  Rales  and  Articles  of 
War,  and  in  the  manner  and  mode  therein  mentioned ; 
and  for  offences  not  punishable  by  the  Rules  and  Arti- 
cles of  War,  but  punishable  by  the  laws  of  the  Con- 
federate States,  said  coui-t  shall  inflict  the  penalties 
prescribed  by  the  laws  of  the  Confederate  States;  and 
for  offences  against  which  penalties  are  not  prescribed 
by  the  Rules  and  Articles  of  War,  nor  by  the  laws  of 
the  Confederate  States,  but  for  which  penalties  are 
prescribed  by  the  laws  of  a  state,  said  court  shall  in- 
flict the  punishment  prescribed  by  the  laws  of  the  state 
in  which  the  offence  was  committed  :  Provided,  That 
in  cases  in  which,  by  the  laws  of  the  Confederate 
States  or  of  the  state,  the  punishment  is  by  fine  or  by 
imprisonment,  or  by  both,  the  court  may,  in  its  discre- 
tion, inflict  any  other  punishment  less  than  death;  and 
for  the  offences  defined  as  murder,  manslaughter,  ar- 
son, rape,  robbery,  and  larceny,  by  the  common  law, 
when  committed  beyond  the  territorial  limits  of  the 
Confederate  States,  the  punishment  shall  be  in  the  dis- 
cretion of  the  court.  That  when  an  officer  under  the 
grade  of  brigadier-general,  or  private,  shall  be  put  un- 
der arrest  for  any  offence  cognizable  by  the  court  here- 
in provided  for,  notice  of  his  arrest,  and  of  the  offence 
with  which  he  shall  be  charged,  shall  be  given  to  the 
Judge  Advocate  by  the  officer  ordering  said  arrest,  and 
he  shall  bo  entitled  to  as  speedy  a  trial  as  the  business 
before  said  court  will  allow. 

350.  Said  courts  shall  attend  the  army,  shall  have  c^t|58hall 
appropriate  quarters  within  the  lines  of  the   army,  a"endthe 


120  DIGEST    OF 

Decisions       shall  be  always  open  for  the  transaction  of  business, 

and  sen-  •>  r 

tences.          and  the  final  decisions  and  sentences  of  said  courts  on 
convictions  shall  be  subject  to  review,  mitigation,  and 
suspension,  as  now  provided  by  the  Eules  and  Articles 
of  War  in  cases  of  courts-martial. 
Aidomt  ^*-  That  during  the  recess  of  the  Senate  the  Pres- 

ents dur-    jdent  may  appoint  the  members  of  the  courts  and  the 

jug  recess  of  "       *« 

senate.  Judges  Advocate  provided  for  in  the  previous  sections, 
subject  to  the  confirmation  of  the  Senate  at  its  session 
next  ensuing  said  appointments. 

May  i,]863        352.  That  in  addition  to  one  military  court  to  at- 

1 1,  ch.  77.  J 

Additional     tend  each  army  corps  in  the  field,  as  now  authorized 

military  .  .... 

court  in  each  by  an  act  entitled  "  An  act  to  organize  military  courts 
to  attend  the  Army  of  the  Confederate  States  in  the 
field,  and  to  define  the  power  of  said  courts,"  ap- 
proved October  ninth,  eighteen  hundred  and  sixty- 
two  [346  et  seq.~\,  one  military  court  shall  be  organized 
in  each  of  such  military  departments  as,  in  the  judg- 
ment of  the  President,  the  public  exigencies  may  re- 
quire— to  be  organized  in  the  manner  and  with  powers 
prescribed  in  the  act  of  which  this  is  amendatory. 
Feb^3,i864  353.  That  the  act  entitled  "An  act  to  organize  mili- 
onein North  tary  courts  to  attend   the  Army  of  the  Confederate 

Alabama.  ^  J 

States  in  the  field,  and  to  define  the  powers  of  said 
courts"  [346  etseq.],  be  so  amended  as  to  authorize  the 
President  to  establish  one  in  North  Alabama,  which 
shall  sit  at  such  times  and  places  as  said  court  may 
direct,  and  shall  have  all  the  powers  and  jurisdiction 
given  to  said  military  courts  by  said  act;  but  the 
judges  thereof  shall  give  ten  days'  notice  of  the  times 
and  places  of  holding  said  courts  before  the  same  are 
held  :  Provided,  however,  That  said  court  shall  cease  to 
exist  after  one  year  from  the  passage  of  this  act,  un- 
less longer  continued  by  Congress. 
Feb  16,1864      354.  That  in  addition  to  the  military  courts  now 

ch.  44.  J 

Additional     authorized  by  law,  the  President  be  and  he  is  hereby 

courts  for  ... 

divisions  of    authorized  to  appoint  a  military  court  to  attend  any 

cavalry,  and 

for  each        division  of  cavalry  in  the  field,  and  also  one  for  each 


state. 


state  within  a  military  department,  whenever,  in  his 
judgment,  such  courts  would  promote  the  public  inter- 
est— which  courts  shall  be  organized,  and  have  the 


MILITARY    LAWS. 


121 


same  powers  and  duties,  and  the  members  thereof  ap- 
pointed, as  provided  by  law. 

355.  That  when  two  or  more  army  corps  are  united  F^^7'^864 
in  the  same  army,  charges  shall  be  referred  to  said  when  two 

■/  /  •  o  or  more 

courts,  and  their  proceedings  be  subject  to  review  by  army  corps 

tiro  united* 

the  army  commander,  as  in  the  case  of  general  courts- 
martial;  and  that  the  jurisdiction  of  each  of  said  Jurisdiction, 
courts  shall  extend  to  any  person  connected  with  the 
army  of  which  the  corps  to  which  the  court  is  attached 
may  be  a  part,  without  being  limited  to  members  of 
the  particular  corps  to  which  said  court  may  be  at- 
tached. 

356.  That  when  the  corps  to  which  any  military  ^Ignment 
court  may  be  attached  shall,  from  any  cause,  cease  to  *£  ^emberf 
exist  as  such,  the  Secretary  of  War  shall  assign  the  and  officers. 
members  and  officers  of  such  court  to  any  other  un- 
supplied  corps,  or   other  subdivision  of  any  of   the 
armies  of  the  Confederate  States,  where  a   military 

court  may  be  needed  ;  and  exchanges  and  transfers  of 
individual  members  and  officers  from  any  one  court  to 
another  may  be  made  by  the  Secretary  of  War,  on 
application  of  the  parties  concerned — the  consent  of 
the  commander  or  commanders  of  the  army  or  armies 
to  which  the  particular  courts  may  belong  having 
been  first  obtained  to  such  exchange  or  transfer. 

357.  That   the   fourth   section  [349]  of  the   act   of  ^t&op 
which  this  is  amendatory,  be  and  the  same  is  hereby  extended, 
so  amended  as  to  extend  the  jurisdiction  of  the  mili- 
tary courts  to  all  offenders  below  the  grade  of  lieuten- 
ant-general. 

358.  That  the  President  be  and  he  is  hereby  author-  s'eb.  3,1864 

J  gl,  ch.  21. 

ized,  at  any  time,  to  assign  judges  from  one  military  Transfer  of 
court  to  another,  as,  in  his  judgment,  the  service  may 
require. 

359.  That  this  act  take  effect  and  be  in  force  from  ibid,  §2.  Act 

when  to  tafce 

and  after  its  passage.  effect- 

360.  That  commanders  of  corps  and  departments  be   Fh,b2g'1864 
and  they  are  hereby  authorized  to  detail  field-officers  Fieid-omcers 

%  .-  may  be  de- 

as  members  of  military  courts,  whenever  any  of  the  tailed  as 

~t  .  ■,  members, 

judges  of  said  courts  shall  be  disqualified,  by  consan-  etc. 


1HUP.ST    OF 


Feb.  17,  18G4 
g  1,  ch.  69. 
Summons  of 
vvitnusses. 


Penalty  for 

disobeying 
summons. 


Arrest. 


Ibid.  $  2. 
Pay  for  at- 
tendance on 
court. 


guinity  or  affinity,  or  unable,  fro m  sickness  or  other 
unavoidable  cause,  to  attend  said  courts. 

361.  That  any  military  court  or  court-martial  con- 
vened within  the  Army  of  the  Confederate  States  shall 
have  power  to  summon  as  a  witness  before  it  any 
citizen  of  the  state  in  which  said  court  may  at  the 
time  hold  its  session;  and  any  citizen  disobeying  such 
summons — upon  information  given  thereof  by  the 
Judge  Advocate  of  such  military  court  or  court-mar- 
tial, to  the  judge  of  the  district  court  of  the  Con- 
federate States  for  the  district  in  which  said  citizen 
may  reside — shall  be  subject  to  the  same  penalties  as 
for  disobedience  of  an  order  of  said  district  judge;  or, 
on  application  of  the  Judge  Advocate,  such  citizen 
witness  may  by  military  force  be  arrested  and  brought 
before  said  military  court  or  court-martial,  by  order  of 
the  commander  of  the  army,  and  may  be  held  in  close 
confinemen  j  until  he  or  she  shall  consent  to  testify. 

3(32.  Tlu.t  any  citizen  witness  appearing  upon  being 
summoned,  as  provided  in  this  act,  shall  be  paid  such 
reasonable  amount  for  his  or  her  attendance  as  the 
commander  of  the  army  shall  deem  reasonable — which 
payment  shall  be  made  by  any  paymaster,  upon  the 
certificate  of  said  commander,  specifying  the  amount. 


XXXVIII.  Indian  Troops. 

a^'cnVi861       "&&%•  r-^na,t  the  proper  quartermaster  in  the  military 
payment  for  department  of  Indian  Territory  be  authorized  to  pay 

services.  *•  •»  L     J 

the  officers  and  men  of  the  company  of  Creek  mount- 
ed volunteers,  raised  in  the  month  of  August,  eighteen 
hundred  and  sixty-one,  by  authority  of  the  Commis- 
sioner of  the  Confederate  States,  for  local  purposes,  at 
the  North  Fork  village,  in  the  Creek  country ;  and  of 
the  Cherokee  regiments  of  Colonels  Stand  Watie  and 
John  Drew,  and  of  the  Choctaw  and  Chickasaw  regi- 
ment of  Colonel  Douglas  II.  Cooper,  and  of  the  Creek 
regiment  of  Colonel  Daniel  N.  Mcintosh,  and  of  the 
companies  of  Seminoles  raised  by  the  chief,  by  author- 
ity of  the  same  commissioner,  and  of  the  other  troops, 
called  into  the  service  by  Colonel  Douglas  II.  Cooper, 
to  aid  in  suppressing  the  insurrection  of  a  part  of  the 


MILITARY    LAWS.  I'Zti 

Creeks,  and  of  any  culled  into  service  by  the  Creek 
Agent  for  the  same  purpose,  by  direction  of  the  com- 
missioner, for  the  times  during  which  all  of  said  troops 
were  in  the  service,  after  being  organized  and  before 
being  mustered  into  the  service,  in  tbe  same  manner 
as  if  they  had  been  mustered  in  at  the  respective 
times  when  they  were  organized  and  received  by  the 
commissioner  or  either  of  said  officers — which  pay- 
ments shall  be  made  upon  special  pay-rolls  for  that 
purpose :    Provided,    That   the  allowance  in    lieu   of  Allowance 

*"   "  ■  in  lieu  of 

clothing  shall  be  paid  only  to  such  of  said  officers  and  clothing;  to 

"  r  "  whom  paid. 

men  as  shall  have  since  been  or  ma}7  be  mustered  into 
the  service,  and  that  none  shall  be  paid  who  have  de- 
serted or  disbanded  without  permission,  or  have  taken 
sides  with  the  insurrectionists  among  the  Creeks. 

364.  That  the  accounts  of  the  acting  commissaries  n>id,g-2. 

°  Accounts  of 

and  quartermasters  of  all  said  troops  shall  be  settled  acting  com- 

x  x  _  missanes 

and  paid  in  the  same  manner  as  if  the  troops  with  or  and  quarter- 
masters of 
for  which  they  acted  had  been  regularly  mustered  into'  said  troops; 

i  i  i  •  how  to  be 

the  service  at  the  time  when  they  were  organized  and  settled, 
received  j  and  that  the  debts  incurred  or  moneys  ad- 
vanced by  them  be  paid  by  the  brigade  quartermaster 
of  the  brigade  commanded  by  Brigadier-General  Al- 
bert Pike  :  Provided,  further,  That  said  accounts  shall 
be  also  approved  by  the  said  brigadier-general,  and 
that  the  prices  paid  by  them  be  found  by  him  not  to 
have  been  excessive  or  exorbitant,  and  the  debts  to 
have  been  contracted  in  good  faith,  and  the  moneys 
actually  advanced. 

365.  That  the  Quartermaster-General  audit  and  pay  Mayi,  issa 

„  Res- 6- 

the  accounts  of  the  acting  quartermaster  and  other  Articles  fur- 
officers  of  the  Indian  troops  for  camp  utensils,  horse  Jones  and 

...  ,  ,  ,  Thebo.  and 

equipments,  clothing,  ordnance,  and  ordnance  stores  r. >i.  Jones, 
furnished  by  Jones  and  Thebo,  and  E.  M.  Jones,  for 
the  use  of -said  troops,  upon  the  bills  of  particulars 
herewith  filed,  amounting  to  eleven  thousand  two 
hundred  and  sixteen  dollars  and  seventy-five  cents: 
Provided,  That  said  accounts  have  been  examined  and 
approved  by  Brigadier-General  Albert  Pike. 


124  DIGEST    OF 


XXXIX.  Virginia  Militia. 
April  19,  36b\  That  all  officers  and  non-commissioned  officers 

1862,  j!  1, 

ch.  53.  of  the  Virginia  militia,  who  have  been  called  into  the 

Oompensa-  V-i 

tion  allowed  service  of  the  Confederate  States  by  the  order  of  any 
period  of  ac-  commanding  officer  of  the  Confederate  States  Army, 
authorized  to  make  such  call,  or  by  the  proclamation 
of  the  Governor  of  Virginia,  in  obedience  to  requisitions 
duly  made  upon  him  by  the  President,  shall  be  allow- 
ed, under  the  direction  of  the  Quartermaster-General, 
compensation  for  the  period  of  their  actual  service, 
according  to  the  rate  of  pay  and  allowances  to  which 
officers  and  non-commissioned  officers  of  correspond- 
ing grades  in  the  Confederate  States  Army  are  by 
law  entitled, 
ibid. j  2.  367.  Before  any  officer  of  militia  shall  be  entitled  to 

Certificates  J 

of  service      receive  pay  under  the  provisions   of  the   preceding 

required.  '     B  *■  *■  ° 

section,  he  shall  present  to  the  proper  officer  to  whom 
he  may  apply  for  payment,  a  certificate  signed  by  the 
commandant  of  the  brigade,  regiment,  or  battalion  of 
militia  to  which  he  may  have  been  attached,  and  ap- 
proved by  the  commanding  general  of  the  army,  corps, 
or  department  with  which  such  brigade,  regiment,  or 
battalion  was  serving,  which  certificate  shall  state  the 
precise  period  during  which  such  officer  was  actually 
in  service  and  performed  duty  according  to  his  rank, 
not  including  in  such  period  whatever  time  such  officer 
was  absent  from  duty  with  his  command,  unless  absent 
on  furlough,  or  detached  or  detailed  for  service  by 
order  of  the  commanding  officer.  Non-commissioned 
officers  shall  be  required  to  present  like  certificates, 
signed  by  the  commanding  officer  of  the  regiment  or 
battalion  to  which  they  belong,  before  being  entitled 
to  receive  their  pay. 
ibid,  \  3.  368.  All  staff  officers  of  the  Virginia  militia,  duly 

Pay  of  staff  ,  ■ "  .  -  T7.. 

officers.  appointed  and  qualified,  according  to  the  laws  ol  Vir- 
ginia, shall  be  entitled  to  receive  the  same  pay  and 
allowances  as  are  provided  by  law  for  officers  of  cor- 
responding grades  in  the  Confederate  States  Army, 
upon  a  like  certificate  that  they  have  actually  been  in 
service  and  performed  the  duties  prescribed  for  their 


MILITARY    LAWS.  125 

respective  grades  by  the  laws  of  Virginia  and  the 
laws  and  army  regulations  of  the  Confederate  States. 

369.  No  payments  under  this  act  shall  be  allowed  ibid,  §4. 

■ '  *    •>  No  pay- 

for  any  period   subsequent  to   the  thirtieth   day  of  mentstobe 

.  .  made  in  cer- 

March,  eighteen  hundred  and  sixty-two,  nor  shall  any  »»«>  cases. 
junior  major  of  a  regiment  to  which  two  majors  may 
be  attached,  nor  any  paymaster  or  surgeon's  mate,  be 
deemed  to  be  entitled  to  pay  or  allowances  under  the 
provisions  of  this  act. 

XL.  Miscellaneous. 

370.  That  the  President  be  and  he  is  hereby  author-  Oct.  13, 1862 

J  ch.  64. 

ized,  by  and  with  the  advice  and  consent  of  the  Sen-  Twenty  gen- 
ate,  to  appoint  twenty  general  officers  in  the  Provi- 
sional Army,  and  to  assign  them  to  such  appropriate 
duties  as  he  may  deem  expedient.* 

371.  That  the  President  may  appoint  one  general  Feb.  17, 1864 
in  the  Provisional  Army  of  the  Confederate  States  Generator 
when,  in  his  discretion,  it  shall  be  deemed  necessary  sippidepart- 
and  proper," for  the  command  of  the  trans-Mississippi 
department,  by  and  with  the  advice  and  consent  of 

the  Senate  [563,  564]. 

372.  That  the  President  may,  by  and  with  the  ad-  ibid,  22. 

J  '      J  .  Additional 

vice  and  consent  of  the  Senate,  appoint  lieutenant-  Beutenant- 

,  generals. 

generals  in  the  Provisional  Army  of  the  Confederate 
States  when,  in  his  discretion,  it  shall  be  deemed 
necessary  for  the  command  of  any  one  of  the  military 
departments.f 

373.  That  the  officers  appointed  under  the  provi-  ibid, 33. 
uions  of  this  act  shall  continue  to  hold  the  rank  herein  i0nng  to°on- 
provided  so  long  as  they  shall  efficiently  discharge 

the  duties  in  command  of  said  several  departments, 
and  no  longer,  but  will  resume  thereafter  their  former 
rank  in  the  service. 

374.  That  adjutants  of  regiments  and  legions  may  Aug.3i,i86i 
be  appointed  by  the  President,  upon  the  recommen-  Adjutants  of 
dation  of  the  colonel  thereof,  of  the  grade  of  subal-  and  legions 
tern,  in  addition  to  the  subaltern  officers  attached  to  of  subaltern* 
companies;   and  said  adjutants,  when  so  appointed, 

*  President  authorized  to  appoint  general  officers ;  see  85,  92, 110. 
t  Lieutenant-generals  to  be  appointed,  93. 


126  DIGEST    OF 

shall  have  the  same  rank,  pay,  and  allowances  as  are 
provided  by  law  to  adjutants  of  regiments. 
Oct. si,  1862        g75.  That  the  provisions  of  said  act  [374]  shall  be 
Adjutants      extended  so  as  to  applv  to  independent  battalions, 

for  battal-  l  r  "  r 

tons,  of  the  and  that,  on  the  recommendation  of  the  commander 

grade  of 

subaltern,  of  tiny  such  battalion,  an  adjutant  of  the  grade  of 
subaltern  may  be  appointed  by  the  President  for  said 
battalion,  who  is  not  attached  as  subaltern  to  said 
battalion,  and  that  said  adjutant,  when  so  appointed, 
shall  have  the  same  rank,  pay,  and  allowance  as  are 
provided  by  law  for- adjutants  of  regiments^ 
lsta'ch  22  ^*-5*  That,  from  and. after  the  passage  of  this  act, 
Minors  may  commissions  in  tbe  Army  of  the  Confederate  States, 

be  comniis-  ^ 

sioned.          and   jn   the   Provisional   Army   of  the    Confederate 

States,  may  be  issued  to  persons  under  twenty-one 

years  of  age,  except  in  the  case  of  officers  who  are 

required  by  law  to  give  bond. 

clfri24'1863       ^''  That  nny  officer,  non-commissioned  officer,  or 

Officers  or      private  now  in  the  military  service  of  the  Confeder- 

soldiers  r  J 

elected  or      at,e  States,  who  has  been  elected  or  appointed  since 

appointed  to  '  *■  L 

certain  of-     entering  said  service,  or  who  may  hereafter  be  elected 

nces,  may  °  ^ 

resign  or  be  or  appointed  a  senator  or  representative  in  Congress, 

discharged.  .  .  . 

or  in  any  state  legislature,  a  judge  of  the  circuit,  dis- 
trict, or  superior  courts  of  law  or  equity  in  any 
state  of  the  Confederacy,  district  attorney,  clerk  of 
any  court  of  record,  sheriff,  ordinary,  judge  of  any 
court  of  probate,  collector  of  state  taxes,  not  to 
exceed  one  for  each  county,  parish  recorder,  upon 
furnishing  the  Secretary  of  War  with  evidence  of 
such  election  or  appointment,  if  an  officer,  his  resig- 
nation shall  be  promptly  accepted,  and  if  a  non-com- 
missioned officer  or  private,  he  shall  be  honorably 
discharged  by  the  Secretary  of  War. 
May  i,  1863        378.  That  all  officers,  non-commissioned  officei's,  and 

ch.  6-t.  ' 

Lossofmus-  privates  of  any  legally  constituted  military  organi- 
proof  of'ser-  zation,  which  may  have  been  actually  received  into 
the  service  of  the  Confederate  States  by  any  general 
officer  thereof,  but  were  never  legally  mustered  into 
service,  in  consequence  of  the  loss  of  the  muster-rolls 
of  such  military  organization,  shall  be  entitled  to 
receive   pay   from  the   time  they  were  so  received 


vice 


MILITARY    LAWS.  127 

Provided,  The  fact  of  their  having  been  so  received 
into  the  service,  and  the  time  they  served,  is  duly 
proved  to  the  satisfaction  of  the  Secretary  of  War, 
tinder  rules  to  be  prescribed  by  him. 

379.  That  the  oath  required  to  enable  sick,  wound-  Oct.  2, 1&62 

.      ,  ■  ' .  ch.  23. 

ed,  or  other  soldiers  to  receive- their  pay,  may  be  oathtoen- 

,  ,      „  ,       .     ,  .  ,  able  sick, 

taken  before  any  quartermaster,  who  is  hereby  author-  wounded,  or 

1  i      ■     •    ,  1  1      n  n  other  aol- 

ized  to  administer  the  same,  or  before  any  justice  01  dierstore- 
the  peace  having  jurisdiction,  or   any  other   officer  pay. 
having  the  right,  by  the  laws  of  the  state,  to  adminis- 
ter oaths. 

880.  That  commutation  in  lieu  of  quarters  be  and  oct.13, 1862 

x  ch.  52. 

the  same  is  hereby  allowed  to  the  Superintendent  of  Armyinteiii- 

"  x  gence-office. 

the  "Army  Intelligence-Office"  and  his  clerks,  at  the 
discretion  of  the  Secretary  of  War,  and  under  such 
regulations  as  may  be  prescribed  by  him,  and  that  the 
extra  pay  allowed  said  clerks  shall  be  and  is  hereby 
increased  from  twenty-five  to  fifty  cents  per  day. 

381.  That  the  President  be  and  he  is  hereby  author-  Oct.  13,  is&2 

J  ch.  61. 

ized   to    bestow   medals,  with  proper  devices,   upon  Medals  and 

.  lti     %       ■%»■      1%    1  n  badges  as  re- 

such  officers  of  the  armies  of  the  Confederate  States  ward  for 

1      ii    1  •  r.  -iii  courage  and 

as  shall  be  conspicuous  for  courage  and  good  conduct  good  con- 
on  the  field  of  battle ;  and  also  to  confer  a  badge  of 
distinction  upon  one  private  or  non-commissioned 
officer  of  each  company  after  every  signal  victory  it 
shall  have  assisted  to  achieve.  The  non-commissioned 
officers  and  privates  of  the  company  who  may  be 
present  on  the  first  dress-parade  thereafter  may 
choose,  by  a  majority  of  their  votes,  the  soldier  best 
entitled  to  receive  such  distinction,  whose  name  shall 
be  communicated  to  the  President  by  commanding 
officers  of  the  company,  and  if  the  award  fall  upon  a 
deceased  soldier,  the  badge  thus  awarded  him  shall 
•be  delivered  to  his  widow,  or  if  there  be  no  widow,  to 
any  relation  the  President  may  adjudge  entitled  to 
receive  it. 

382.  That  the  President  is  hereby  authorized,  upon  Feb.  17. i&64 

,,  ,       .  „      ,  ,  .    L '  ?1,  ch.  58. 

the  recommendation  of   the  general  commanding  a  Promotion 
department  or  a  separate  army  in  the  field,  to  fill  any  valor  or "" 
vacancy  in  the  commissioned  officers  of  a  regiment  or 
battalion,  by  the  promotion  to  the  same,  by  and  with 


128  DIGEST    OF 

the  advice  and  consent  of  the  Senate,  of  any  officer, 
non-commissioned  officer,  or  private  who  may  have 
distinguished  himself  by  exhibiting  peculiar  valor  or 
skill  on  the  battle-field  [157,  158, 105]:  Provided,  That 
the  officer,  non-commissioned  officer,  or  private  so 
recommended  and  nominated  for  promotion  shall 
belong  to  the  regiment  or  battalion  in  which  the 
vacancy  may  have  occurred. 

Repeal 2of  ^3.  All  acts  and  parts  of  acts  in  conflict  with  the 

iawificting     a°ove  provisions  are  hereby  repealed. 

W|i,i86i       334    That  the  gecretaiy  0f  War  be  and  he  is  hereby 

cavalry        authorized,  in  his  discretion,  to  furnish  to  volunteer 

equipments.  7  * 

cavalry  companies,  whose  services  are  accepted  for 
the    war   by   the    Confederate   States,   all   necessary 
equipments. 
^!g2621'1861       385-  That  tlie  Secretary  of  War  be  and  he  is  hereby 
chased  k?      authorized  to  cause  payment  to  be  made  to  the  ven- 
Aneus0wCo1'  dors,  uPon  an  audit  of  the  accounts  of  certain  horses 
McDonald,     heretofore  purchased  by  order  of  Colonel  Angus  W. 
McDonald,  to  mount  the  men  he  was  authorized  to 
raise  by  order  of  the  President  of  the  Confederate 
States ;  and  upon  the  payment  of  the  said  accounts 
said  horses  shall   become  the  property  of  the  gov- 
ernment, and  shall  be  subject  to  the  control  of  the 
quartermaster's  department :  Provided,  however,  That 
the  Quartermaster-General  shall  be  and  he  is  hereby 
empowered  to  permit  said  horses  to  remain  in  the 
possession  of  the  volunteers  who  now   have   them, 
subject  to  the  general  law  controlling  cavalry  troops, 
upon  the  written  agreement  of  said  volunteers  that 
said  horses  will  be  paid  for  by  them  out  of  the  allow- 
ances now  made  for  cavalry  troops. 
Jan.  22, 1864       386.  That  every  person  not  subject  to  the  Eules  and 
Procuring  or.  Articles  of  War,  who  shall  procure  or  entice  a  soldier. 

enticing  sol-  '   '''■ ' 

diers  to  de-  or  person  enrolled  for  service  in  the  Army  of  the  Con- 
federate States  to  desert  j  or  who  shall  aid  or  assist 
any  deserter  from  the  army,  or  any  person  enrolled 
for  service,  to  evade  their  proper  commanders,  or  to 
prevent  their  arrest  to  be  returned  to  the  service;  or 
who  shall  knowingly  conceal  or  harbor  any  such  de- 

PUmChasieth^  8ei*terj  or  shall  purchase  from  any  soldier  or  person 


MILITARY    LAWS.  129 

enrolled  for  service  any  portion  of  his  arms,  equip-  j^eJ*[i 
ments,  rations,  or  clothing,  or  any  property  belonging  diers- 
to  the  Confederate  States,  or  any  officer  or  soldier  of 
the  Confederate  States,  shall,  upon  conviction  before 
the  district  court  of  the  Confederate  States  having 
jurisdiction  of  the  offence,  be  fined  not  exceeding  one 
thousand  dollars,  and  be  imprisoned  not  exceeding 
two  years. 

387.  That  when  any  officer  or  private  of  any  legally  T^h-^1> 1864 
constituted  military  organization  may  have  hereto-  officers  or 

.  .  privates  to 

fore,  by  order  of  his  proper  superior  officer,  performed  be  paid  for 

J  x       x  x  '  r  performance 

any  staff  duty  appropriate  to  such  command,  he  shall  of  staff  duty. 
be  entitled  to  receive  pay  for  the  time  he  was  so 
engaged  in  the  discharge  of  such  duties :  Provided, 
That  there  was  not  then  present,  fit  for  duty,  any 
officer  duly  appointed  for  the  discharge  of  the  same 
[see  also  205]. 


III.-ARMS  AND  MUNITIONS.* 

388.  Contracts  for  ordnance  and  arms.     Machinery.     Agents  and  arti- 

sans.    Powder-mills  and  powder. 

389.  Arms,  etc.,  acquired  from  the  United  States. 

390.  Repeal  of  the  United  States  laws  relative  to  arms  and  military 

supplies  of  a  patented  invention. 

391.  Authorizing  the  construction  of  "  Winans'  gun." 

392.  Arms  of  volunteers. 

388.  That  the  President,  or  Secretary  of  War  under  Feb.  20,  i86i 
his  direction,  is  hereby  authorized  and  empowered  to  contracts 
make  contracts  for  the  purchase  and  manufacture  of  and  arms. 
heavy  ordnance  and  small-arms;    and  of  machinery  Machinery. 
for  the  manufacture  or  alteration  of  small-arms  and 
munitions  of  war;  and  to  employ  the  necessary  agents  Agents  and 

d..  n         ,1  j    .  ,  artisans. 

artisans  for  those  purposes;  and  to  make  con-  p0wder- 

tracts  for  the  establishment  of  powder-mills  and  the  powder" 
manufacture  of  powder ;  and  the  President  is  author- 
ized to  make  contracts  provided  for  in  this  act,  in 

*  For  arms  captured  by  partisan  rangers,  291.  For  manufactories  of  small- 
arms,  saltpetre,  etc.,  454  et  seq.  For  payment  for  private  arms  of  persons  mus- 
tered into  service,  see  153.  For  armories,  47  et  seq.  For  advances  on  contracts 
for  arms  and  munitions,  see  558. 

9 


130  DIGEST    OF 

such  manner  and  on  such  terms  as,  in  his  judgment, 
the  public  exigencies  may  require. 
Feb.  28, 1861       389.    That  the  President  is  hereby  authorized  to 

I  2.  ch.  22.  J 

Arms,  etc.,     receive  from  the  several  states  the  arms  and  munitions 

acquired 

from  the       of  war  which  have  been  acquired  from  the  United 

United  x 

states.  States,  and  which  are  now  in  the  forts,  arsenals,  and 

navy-yards    of  said  states,  and  all  other  arms  and 

munitions  which  they  may  desire  to  turn  over  and 

make  chargeable  to  this  government. 

fil  ch.1^61       39°-  That  the  provision  of  the  third  section  of  the 

united  °f      act  °f  tne  Congress  of  the  United  States,  making 

faw*eiative  appropriations  for  the  legislative,  executive,  and  judi- 

to  arms  and    cjgj  expenses  of  the  government  for  the  year  ending 

military  sup-  i  o  J  r> 

plies  of  a      the  thirtieth  day  of  June,  A.  D.  eighteen  hundred  and 

patented  in-  "  '  ° 

vention.  sixty-one,  approved  June  twenty-third,  eighteen  hun- 
dred and  sixty,  which  declares  that  no  arms  nor  mili- 
tary supplies  whatever,  which  are  of  a  patented 
invention,  shall  be  purchased,  nor  the  right  of  using 
or  applying  any  patented  invention,  unless  the  same 
shall  be  authorized  by  law,  and  the  appropriation 
therefor  explicitly  set  forth  that  it  is  for  such  patent- 
ed invention  (if  of  force  within  the  Confederate  States), 
shall  be  suspended  in  its  operation  for  and  during  the 
existing  war. 
th%6' 1861  391-  Whereas  Charles  S.  Dickinson  alleges  that  he 
Authorizing  nag  invented  a  machine,  generally  known  as  "  Winans' 

construction  '  °  J 

ofamacnine  Grun,"  whereby  balls  can  be  projected  with  such  force. 

Known  as  '  •>  A       •> 

^winans'      rapidity,  and  precision  as  to  render  it  a  valuable  im- 
plement of  war,   both  in  the  army  and  navy  : 

The  Congress  of  the  Confederate  States  of  America  do, 
therefore,  enact,  That  the  President  be  and  he  is  hereby 
authorized,  in  his  discretion,  to  cause  one  machine  of 
this  description,  calculated  to  throw  balls  measuring 
about  three-fourths  of  an  inch  in  diameter,  and  weigh- 
ing about  two  ounces,  to  be  constructed  under  the 
direction  of  said  Dickinson  :  Provided,  that  the  cost 
thereof  shall  not  exceed  five  thousand  dollars. 
Jan.  22, 1862  392.  That  the  military  exigencies  of  the  Confeder- 
Armsof  ate  States  render  it  absolutely  necessary  that  the 
arms  of  the  volunteers  now  in  the  service  should  be 
kept  within  the  control  of  the  President  of  the  Con- 


MIEITAKY    LAWS.  131 

federate  States,  so  that,  whenever  the  present  volun- 
teers shall  be  discharged  from  service,  the  arms  may 
be  placed  in  the  hands  of  others. 


IV.-FLAG. 

393.  Described  and  established. 

393.  That  the  flag  of  the  Confederate  States  shall  j^|> 1863 
be  as  follows :  the  field  to  be  white,  the  length  double  ^c^£- 
the  width  of  the  flag,  with  the  union  (now  used  as  li8hed- 
the    battle-flag)    to   be   a   square  of  two-thirds    the 
width  of  the  flag,  having  the  ground  red;  thereon  a 
broad   saltier  of  blue,  bordered  with  white,  and  em- 
blazoned with  white  mullets  or  five-pointed  stars,  cor- 
responding  in    number   to   that  of  the    Confederate 
States. 


V.-FORTS  AND  ARSENALS. 

394.  Questions  and  difficulties  relating  to  occupation. 

395.  Cession  to  Confederate  States  recommended. 

394.  Resolved,  by  the  Congress  of  the  Confederate  States  Feb.  12,  i86i 
of  America,  That   this   government   takes   under   its  Questions 

and  difficul- 

charge  the  questions  and  difficulties  now  existing  be-  ties  relating 

^  to  occupa- 

tween  the  several  states  of  this  Confederacy  and  the  «on. 
Government  of  the  United  States  of  America  relating 
to  the  occupation  of  forts,  arsenals,  navy-yards,  and 
other  public  establishments ;  and  that  the  President 
of  the  Congress  be  directed  to  communicate  this  reso- 
lution to  the  several  states  of  this  Confederacy  through 
the  respective  governors  thereof. 

395.  Resolved,  by  the  Congress  of  the  Confederate  States,  J||$CRe85'19 
That  the  Congress  do  recommend  to  the  respective  confederate 
states  to   cede  the  forts,  arsenals,  navy-yards,  dock-  states  rec- 

•r  •*  '  ommended. 

yards,  and  other  public  establishments  within  their 
respective  limits, to  the  Confederate  States;  and,  more- 
over, to  cede  so  much  of  the  lands  reserved  heretofore 


132  DIGEST    OF 

by  the  Government  of  the  United  States,  or  other 
public  vacant  lands  in  their  respective  limits,  as  may 
be  necessary  for  timber  or  lumber  for  naval  or  other 
purposes  of  public  concern;  and  that  the  President  of 
Congress  be  requested  to  communicate  these  resolu- 
tions and  the  accompanying  report  to  the  governors 
of  the  respective  states. 

Resolved,  further,  That,  in  case  of  such  cession,  the 
President  be  and  he  is  hereby  authorized  and  empow- 
ered to  take  charge  of  any  such  property  ceded. 


VI.-HABEAS  CORPUS. 

[See  "  Clauses  of  the  Constitution"  in  Appendix.'] 

396.  Power  to  suspend. 

397.  Limitation  as  to  arrests. 

398.  Duration  of  the  act. 

399.  Power  to  suspend.     Limitation  as  to  arrests. 

400.  Investigation  of  cases. 

401.  Duration  of  the  act. 

402.  Suspension  of  writ.     Specified  cases. 

403.  Investigation  of  cases. 

404.  Answer  to  writ. 

405.  Duration  of  act. 

chV7'1862      396.  The  Congress  of  the  Confederate  States  of  America 

Power  to       d0  enact    That  during  the  present  invasion  of  the  Con- 
suspend.  '  O  JT 

federate  States  the  President  shall  have  power  to 
suspend  the  privilege  of  the  writ  of  habeas  corpus  in 
such  cities,  towns,  and  military  districts  as  shall,  in 
his  judgment,  be  in  such  danger  of  attack  by  the 
enemy  as  to  require  the  declaration  of  martial  law  for 
their  effective  defence. 
Apr"  19,  397.  That  the  act  [396]  authorizing  the  suspension 

*•¥•  .        of  the  writ  of  habeas  corpus  is  hereby  limited  to  ar- 

Limitation  ■»  J 

as  to  arrests.  rests  made  by  the  authorities  of  the  Confederate  gov- 
ernment, or  for  offences  against  the  same, 
ibid, a  2.  ggg    That  the  act  which  this  act  is  intended  to  limit 

Duration  01 

the  act.        shall  continue  in  force  for  thirty  days  after  the  next 

meeting  of  Congress,  and  no  longer. 
ftlb3?*      399.  That  during  the  present  invasion  of  the  Con- 
Fuspend?       federate  States  the    President  shall  have  power  to 


MILITARY    LAWS.  13*3 

suspend  the  privilege  of  the  writ  of  habeas  corpus  in 
any  city,  town,  or  military  district  whenever,  in  his 
judgment,  the  public  safety  may  require  it;  but  such  ^^^esta 
suspension  shall  apply  only  to  arrests  made  by  the 
authorities  of  the  Confederate  government,  or  for 
offences  against  the  same. 

400.  The  President  shall  cause  proper  officers  to  in-  ibid,  g  2. 

i         Investiga- 

vestigate  the  cases  of  ail  persons  so  arrested,  in  order  tion  of  cases, 
that  they  may  be  discharged,  if  improperly  detained, 
unless  they  can  be  speedily  tried  in  due  course  of  law. 

401.  This  act  shall  continue  in  force  for  thirty  days  ibid,  §3. 
after  the  next  meeting  of  Congress,  and  no  longer.        theact?" ° 

402.  Whereas  the  Constitution  of  the  Confederate  Feb.15,1864 
States  of  America  provides,  in  article   first,  section  preamble", 
nine,  paragraph  three,  that  "  the  privilege  of  the  writ 

of  habeas  corpus  shall  not  be  suspended  unless  when, 
in  case  of  rebellion  or  invasion,  the  public  safety  may 
require  it;"  and  whereas  the  power  of  suspending  the 
privilege  of  said  writ,  as  recognized  in  said  article 
first,  is  vested  solely  in  tbe  Congress,  which  is  the  ex- 
clusive judge  of  the  necessity  of  such  suspension  ;  and 
whereas,  in  the  opinion  of  the  Congress,  the  public 
safety  requires  the  suspension  of  said  writ  in  the  ex- 
isting case  of  the  invasion  of  these  states  by  the  armies 
of  the  United  States ;  and  whereas  the  President  has 
asked  for  the  suspension  of  the  writ  of  habeas  corpus, 
and  informed  Congress  of  conditions  of  public  danger 
which  render  the  suspension  of  the  writ  a  measure 
proper  for  the  public  defence  against  invasion  and  in- 
surrection.    Now,  therefore, 

The  Congress  of  the  Confederate  States  of  America  do  suspension 
enact,  That  during  the  present  invasion  of  the  Con- 
federate States  the  privilege  of  the  writ  of  habeas  cor- 
pus be  and  the  same  is  hereby  suspended;  but  such 
suspension  shall  apply  only  to  the  cases  of  persons  ar- 
rested or  detained  by  order  of  the  President,  Secretary 
of  War,  or  the  general  officer  commanding  the  trans- 
Mississippi,  military  department,  by  the  authority  and 
under  the  control  of  the  President.  It  is  hereby  de- 
clared that  the  purpose  of  Congress  in  the  passage  of 
this  act  is  to  provide  more  effectually  for  the  public 


134 


DIGEST    OF 


safety,  by  suspending  the  writ  of  habeas  corpus  in  the 
following  cases,  and  no  others: 
specified  First — Of  treason,  or  treasonable  efforts  or  combi- 

cases, 

nations  to  subvert  the  Government  of  the  Confederate 
States. 

Second — Of  conspiracies  to  overthrow  the  govern- 
ment, or  conspiracies  to  resist  the  lawful  authorities 
of  the  Confederate  States. 

Third — Of  combining  to  assist  the  enemy,  or  of 
communicating  intelligence  to  the  enemy,  or  giving 
him  aid  and  comfort. 

Fourth — Of  conspiracies,  preparations,  and  attempts 
to  incite  servile  insurrection. 

Fifth — Of  desertions  or  encouraging  desertions,  of 
harboring  deserters,  and  of  attempts  to  avoid  military 
service  :  Provided,  That  in  cases  of  palpable  wrong 
and  oppression  by  any  subordinate  officer,  upon  any 
party  who  does  not  legally  owe  military  service,  his 
superior  officer  shall  grant  prompt  relief  to  the  op- 
pressed party,  and  the  subordinate  shall  be  dismissed 
from  office. 

Sixth — Of  spies  and  other  emissaries  of  the  enemy. 

Seventh — Of  holding  correspondence  or  intercourse 
with  the  enemy  without  necessity,  and  without  the 
permission  of  the  Confederate  States. 

Eighth — Of  unlawful  trading  with  the  enemy,  and 
other  offences  against  the  laws  of  the  Confederate 
States  enacted  to  promote  their  success  in  the  war. 

Ninth — Of  conspiracies,  or  attempts  to  liberate 
prisoners  of  war  held  hy  the  Confederate  States. 

Tenth — Of  conspiracies,  or  attempts  or  preparations 
to  aid  the  enemy. 

Eleventh — Of  persons  advising  or  inciting  others  to 
abandon  the  Confederate  cause,  or  to  resist  the  Con- 
federate States,  or  to  adhere  to  the  enemy. 

Twelfth — Of  unlawfully  burning,  destroying,  or  in- 
juring, or  attempting  to  burn,  destroy,  or  injure  any 
bridge,  or  railroad,  or  telegraphic  line  of  communica- 
tion, or  other  property,  with  the  intent  of  aiding  the 
enemy. 

Thirteenth — Of  treasonable  designs  to  impair  the 


MILITARY    LAWS.  136 

military  power  of  the  government  by  destroying,  or 
attempting  to  destroy,  the  vessels,  or  arms,  or  muni- 
tions of  war,  or  arsenals,  foundries,  workshops,  or 
other  property  of  the  Confederate  States. 

403.  The  President  shall  cause  proper  officers  to  in-  iwd,  §2. 
vestigate  the  cases  of  all  persons  so  arrested  or  de-  tion  of  cases, 
tained,  in  order  that  they  may  be  discharged,  if  im- 
properly detained,  unless  they  can  be  speedily  tried 

in  the  due  course  of  law. 

404.  That  during  the  suspension  aforesaid  no  mili-  ibid,  §3. 
tary  or  other  officer  shall  be  compelled,  in  answer  to  writ, 
any  writ  of  habeas  corpus,  to  appear  in  person,  or  to 
return  the  body  of  any  person  or  persons  detained  by 

him  by  the  authority  of  the  President,  Secretary  of 
War,  or  the  general  officer  commanding  the  trans- 
Mississippi  department;  but  upon  the  certificate,  under 
oath,  of  the  officer  having  charge  of  any  one  so  de- 
tained, that  such  person  is  detained  by  him  as  a  pris- 
oner for  any  of  the  causes  herein  before  specified, 
under  the-  authority  aforesaid,  further  proceedings 
under  the  writ  of  habeas  corpus  shall  immediately 
cease,  and  remain  suspended  so  long  as  this  act  shall 
continue  in  force. 

405.  This  act  shall  continue  in  force  for  ninety  days  Oration  of 
after  the  next  meeting  of  Congress,  and  no  longer.       the  act. 


VII.-HOSPITALS:*  SICK  AND  WOUNDED 
SOLDIERS. 

406.  Laundresses. 

407.  Pay  of  laundresses. 

408.  Hospital  fund ;  how  constituted  and  managed. 

409.  Transportation  of  supplies  by  railroads  and  boats. 

410.  Clothing  allowed. 

411.  Matrons,  female  nurses,  and  attendants.     Surgeons  and  assistant 

surgeons  may  employ  other   nurses,  cooks,  and  ward-masters. 
Soldiers  assigned  as  nurses  and  ward-masters. 

*  For  hospital  surgeons  and  assistant  surgeons,  see  207. 
For  hospital  stewards,  42. 

For  clerk  in  charge  of  supplies  contributed  to  hospitals,  43. 
For  hospital  guards  and  clerks,  see  172  et  seq. 
For  cooks  and  nurses  for  sick  and  wounded,  244. 

For  authority  of  quartermasters  to  administer  oath  to  sick  and  wounded  sol- 
diers, 379. 


136  DIGEST    OF 

412.  Hospitals;  how  designated.      To  what  hospitals  sick  or  wounded 

soldiers  shall  he  sent. 

413.  Pay  of  cooks,  nurses,  etc. 

414.  Transportation  of  sick  and  wounded  soldiers.  Provision  for  water. 

415.  Detail  to  accompany  sick  and  wounded. 

416.  Commutation  value  of  rations  increased.     Rules  and  regulations. 

417.  Idem. 

418.  Way  hospitals. 

419.  Furloughs  and  discharges. 

420.  Idem. 

421.  No  passport  required  other  than  furlough. 

422.  Discharges  and  transportation. 

423.  Board  of  examiners. 

424.  Duty  of  house  surgeons. 

425.  Officers  allowed  hospital  accommodations  at  one  dollar  per  day. 

426.  When  officers  shall  be  without  money. 

427.  Accommodations  to  include  subsistence. 

Deo.  7  1861        406.  That  superintendents  of  the  different  military 
Laundresses   hospitals  be  and  they  are  hereby  authorized  to  employ 
laundresses  for  the  sick  and  wounded  soldiers,  at  such 
rates,  and  in  such  numbers,  as  may  be  prescribed  by 
the  War  department. 
May  i,i863        407.  That  the  pay  to  be  hereafter  allowed  to  all 
lay ofiaun-    laundresses  in  hospitals  or  other  places,  in  the  service 
dresses.         0f  ^e  Confederate  States,  shall  be  twenty-five  dollars 
per  month,  with  rations  and  quarters,  instead  of  the 
pay  now  allowed  by  law. 
Sept.27,1862      408.  That  the  commutation  value  of  rations  of  sick 
Hospital7'     anc*  disabled  soldiers,  in  the  hospitals  of  the  Confed- 
constitnZi    erate  States,  is  hereby  fixed  at  one  dollar  [416,  417], 
instead  of  the  commutation  now  allowed  by  law,  which 
shall  constitute  the  hospital  fund,  and  be  held  by  the 
commissary,  and  be  paid  over  by  him,  from  time  to 
time,  to  the  surgeon  or  assistant  surgeon  in  charge  of 
the  hospital  of  which  the  soldier,  whose  ration  was 
commuted,  is  an  inmate,  upon  the  said  surgeon  or  as- 
sistant surgeon's  requisition,  made  in  writing,  when 
necessary  to  purchase  supplies  for  said  hospital :  Pro- 
vided, however,  When  said  sum  for  any  one  hospital 
shall  increase  over  and  above  the  monthly  expendi- 
tures of  the  same  to  an  amount  exceeding  the  sum  of 
five  thousand  dollars,  the  said  commissary  shall  be  re- 
quired to  deposit  the  said  excess  over  and  above  the 
said  five  thousand  dollars  in  the  Treasury  of  the  Con- 
federate States,  or  such  other  place  of  deposit  where 
government  moneys  are  ordered  to  be  kept;  which  said 


and  man- 


MILITARY    LAWS.  137 

deposits,  when  so  made,  shall  be  passed  to  the  credit 
of  the  said  Confederate  States,  and  be  liable  to  draft 
as  other  public  moneys  are ;  and  all  such  funds  shall 
be  accounted  for  by  the  said  commissary  in  his  month- 
ly report  and  abstracts  as  now  required  by  law :  And 
provided, further,  That  all  such  surgeons  and  assistant 
surgeons  who  shall  receive  from  the  said  commissary 
any  part  of  said  hospital  fund,  to  be  expended  for  the 
use  of  hospitals,  shall  be  held  liable  for  a  faithful  ap- 
plication of  it,  and  in  a  weekly  account  and  abstract, 
to  be  made  out  and  forwarded  to  the  office  of  the  Sur- 
geon-General, to  be  verified  in  every  instance  by  vouch- 
ers, shall  show  what  disposition  has  been  made  of  it, 
which  account,  abstract,  and  accompanying  vouchers, 
shall  be  placed  on  file. 

409.  That  the  Secretary  of  War  is  hereby  authorized  iwd,  g  2. 

J  J  Transporta- 

and  directed  to  make  a  contract  with  the  several  rail-  tion  of  sup- 
road  companies  and  lines  of  boats,  tor  the  speediest  roads  and 
practicable  transportation  of  all  supplies  purchased 
for  the  use '  of  hospitals  by  agents  accredited  by  the 
surgeon  br  assistant  surgeon  in  charge  for  that  purpose, 
or  donations  by  individuals,  societies,  or  states ;  and 
it  shall  be  lawful  for  the  Quartermaster-General  to  fur- 
nish general  transportation  tickets  to  such  agents  upon 
all  railroad  trains  and  canal-boats,  when  engaged  in  the 
actual  service  of  said  hospitals,  upon  the  request  of  the 
said  surgeon  or  assistant  surgeon. 

410.  That  there  shall  be  allowed  to  each  hospital  of  iwd, \z. 
the  Confederate  States  suits  of  clothing,  consisting  of  allowed, 
shirts,  pantaloons,  and  drawers,  equal  to  the  number 

of  beds  in  the  same,  for  the  use  of  the  sick  while  in  the 
hospitals,  when  so  ordered  by  the  surgeon  or  assistant 
surgeon  in  charge — which  said  clothing  shall  be  drawn 
upon  the  written  requisition  of  said  surgeon  or  assist- 
ant surgeon,  and  shall  be  receipted  for  and  kept  as 
hospital  clothing,  and  be  accounted  for  by  him  as  other 
public  property. 

411.  That  there  be  allowed  to  each  hospital,  with  ibid,  ?  4- 
rations  and  suitable  places  of  lodging,  the  following  male  nurses, 
matrons,  and  female  nurses  and  attendants,  viz :  Two  ants. 
matrons,   to    be  known   and   designated  as   hospital 


IBS  DIGEST    OF 

matrons  in  chief,  at  a  salary  not  to  exceed  forty  dollars 
per  month  each,  whose  general  duties  shall  be  to  exer- 
cise a  superintendence  over  the  entire  domestic  econo- 
my of  the  hospital,  to  take  charge  of  such  delicacies 
as  may  be  provided  for  the  sick,  to  apportion  them  out 
as  required,  to  see  that  the  food  or  diet  is  properly  pre- 
pared, and  all  such  other  duties  as  may  be  necessary. 
Two  matrons,  to  be  known  and  designated  as  assistant 
matrons,  whose  general  duties  shall  be  to  superintend 
the  laundry,  to  take  charge  of  the  clothing  of  the  sick, 
the  bedding  of  the  hospital,  to  see  that  they  are  kept 
clean  and  neat,  and  perform  such  other  duties  as  may 
be  necessary,  at  a  salary  not  to  exceed  thirty-five 
dollars  per  month  each.  Two  matrons  for  each  ward, 
at  a  salary  not  to  exceed  thirty  dollars  per  month 
each,  to  be  known  and  designated  as  ward-matrons, 
whose  general  duties  shall  be  to  prepare  the  beds  and 
bedding  of  their  respective  wards,  to  see  that  they  are 
kept  clean  and  in  order,  that  the  food  or  diet  for  the 
sick  is  carefully  prepared  and  furnished  to  them,  the 
medicine  administered,  and  that  all  patients  requiring 
careful  nursing  are  attended  to,  and  all  such  other  du- 
surgeons       ties  as  may  be  necessary.     And  all   surgeons  and  as- 

and  assist-  J  .         '  .      , 

ant  surgeons  sistant  surgeons  in  charge  of  a  hospital  are  hereby 

may  emplov  , 

other  *  authorized  to  employ  such  other  nurses,  either  male 
and  ward-  or  female,  as  may  be  necessary  to  the  proper  care  and 
attention  of  the  sick,  at  a  salary  each  not  to  exceed 
twenty-five  dollars  per  month,  and  also  the  necessary 
cooks,  at  a  salary  not  to  exceed  twenty -five  dollars 
each,  and  one  ward-master  for  each  ward,  at  a  salaiy 
not  to  exceed  twenty-five  dollars  per  month  each,  giv- 
ing preference  in  all  cases  to  females  where  their  ser- 
soidiersas-    vices  may  best  subserve  the  purpose ;  and  in  the  event 

signed  as  ,  i  j 

nurses  and     a  sufficient  number  ot  such  nurses  and  ward-masters 

ward-mas-  ,  .  ,  ,.    ,  ,  .... 

ters.  can  not  be  employed,  not  liable  to  military  service, 

and  it  shall  become  necessary  to  assign  to  this  duty 
soldiers  in  the  service,  then,  upon  the  requisition  of 
such  surgeon  or  assistant  surgeon  in  charge  of  such 
hospital,  the  soldier  or  soldiers  so  assigned,  who  are 
skilful  and  competent,  shall  be  permanently  detailed 
to  this  duty,  and  shall  only  be  removable,  for  neglect 


MILITARY    LAWS.  IBS 

or  inattention  by  the  surgeon  or  assistant  surgeon  in 
charge  :  Provided,  In  all  cases,  that  all  other  attend- 
ants and  servants,  not  herein  provided  for,  necessary  to 
the  service  of  said  hospital,  shall  be  allowed  as  now 
provided  by  law. 

412.  That  the  hospitals  of  the   Confederate  States  ibid,  §5. 

x  Hospitals ; 

shall  hereafter  be  known  and  numbered  as  hospitals  howdeaig- 

1  nated.    To 

of  a  particular  state  :  and  in  all  cases  where  the  same  what  hospi- 

.     .  tals  sick  or 

can  be  done  without  injury  to  the  patients  or  great  wounded 

ii'i  i     j     soldiers 

inconvenience  to  the  government,  all  sick  or  wounded  shaiibesent 
soldiers,  being  citizens  or  residents  of  such  particular 
state,  shall  be  sent  to  such  hospital  as  may  represent 
the  same,  and  to  such  private  or  state  hospitals  repre- 
senting the  same,  which  may  be  willing  to  receive 
them. 

413.  That  all  persons  authorized  to  be  employed  by  p^'l6- 
section  fourth  of  this  act  r411"l,  who  are  not  engaged  nurses, 

L  -"  ■     r  cooks,  etc. 

in  the  military  service,  and  whose  pay  is  not  now  pro- 
vided for  by  law,  shall  be  paid  monthly  by  any  quar- 
termaster or  other  person  authorized  to  pay  troops  in 
the  military  service,  upon  a  muster  or  pa}^  roll  to  be 
made  out  and  certified  to  by  the  surgeon  or  assistant 
surgeon  having  in  charge  the  hospital  or  hospitals  in 
which  said  persons  have  been  employed. 

414.  That  the  Secretary  of  War  is  hereby  author-  ^'s2'"^- 
ized,  in  such  way  and  manner  as  he  may  deem  best,  ti°nofsick 

»  '.  •>  J  >    and  wound- 

and  under  such  rules  and  regulations  as  he  may  pre-  ed  soldiers, 
scribe,  to  enter  into  and  perfect  some  suitable  arrange- 
ment with  the  railroad  companies,  their  officers,  or 
authorized  agents,  whereby  seats  in  one  or  more  cars 
of  each  railroad  train,  as  the  necessities  of  the  case 
may  be,  shall  be  reserved  for  the  use  of  the  sick  and 
wounded  soldiers  who  may  desire  transportation  on 
any  such  railroad,  and  that  no  person  not  sick  or  wound- 
ed, and  not  an  attendant  upon  the  sick  and  wounded, 
shall  be  permitted  to  enter  any  such  car  or  cars  so 
reserved,  until  the  said  sick  and  wounded  and  their 
attendants  shall  first  have  obtained  seats ;  and  also  Provisionfor 
shall  perfect  some  arrangement  with  the  said  railroad 
companies,  their  officers,  or  agents,  whereby  all  con- 
ductors having  in  charge  any  such  trains  shall  be  re- 


140 


DIGEST    OF 


quired  to  provide,  for  the  use  of  the  sick  and  wounded 
in  the  cars  so  reserved,  a  sufficient  quantity  of  pure 
water. 
ibid,§8.  415.  That  all  surgeons  and  assistant  surgeons  in 

accompany    charge  of  a  hospital,  having  in  his  or  their  charge  any- 
wounded,      sick  or  wounded  soldier,  desiring  transportation  as 
aforesaid,  shall,  in  all  cases,  detail  some  competent  per- 
son, acting  under  his  or  their  authority,  whose  duty  it 
shall  be  to  accompany  all  such  sick  and  wounded  to 
the  depot  of  any  such  railroad,  to  see  that  all  such  are 
properly  cared  for,  and  that  they  obtain  seats  on  the 
said  car  or  cars  so  reserved, 
a^ch  l!63        416.  That  the  commutation  value  of  rations  of  sick 
tion  value  of  anc*  disabled  soldiers  of  the  army  shall,  from  and  after 
rations  in-     the  passage  of  this  act,  be  fixed  at  one  dollar  and  twen- 

creased.  r  r>  j 

ty-five  cents  each  [417],  instead  of  one  dollar,  as  pro- 
vided in  the  first  section  of  the  above  recited  act,  and 
that  the  provisions  of  this  act,  and  the  above  recited 
act,  approved  September  twenty-seventh,  one  thou- 
sand eight  hundred  and  sixty-two, shall  be  so  construed 
as  to  apply  to  all  sick  and  disabled  soldiers  of  the  army, 
whether  in  hospitals  or  other  places,  used  in  camp  or 
in  the  field  as  hospitals  ;  and  that  it  shall  be  the  duty 
of  the  Surgeon-General,  under  the  direction  of  the 
Secretary  of  War,  to  prescribe  such  rules  and  regula- 
tions in  his  department  as  will  secure  to  all  sick  and 
disabled  soldiers  the  benefit  of  the  provisions  of  this 
and  the  act  to  which  this  is  an  amendment :  Provided, 
That  twenty-five  cents  for  each  ration  so  commuted 
shall  not  be  drawn  or  appropriated  until  the  Secretary 
of  War  shall  deem  the  same  necessary  to  purchase 
suitable  supplies  for  the  use  of  the  sick  and  disabled 
of  the  army. 
Feb.  15, 1864  417.  That  the  commutation  value  of  rations  of  the 
idem.'  sick  and  wounded,  and  of  all  employees  in  hospitals,  be 

fixed  at  such  rates,  not  to  exceed  two  and  a  half  dol- 
lars, as  the  Secretary  of  War  shall  designate. 
May  i,i863        418.  That,  in  addition  to  the  hospitals  now  establish- 

g  3,  ch.  86.  '  n     "  i 

wayhos-      ed,  it  shall  be  the  duty  of  the  Surgeon-General  to  es- 

pitals. 

tablish,  at  convenient  and  suitable  points  of  location 
on  the  different  railroad  routes,  such  other  hospitals  as 


MILITARY    LAWS.  141 

may  be  necessary  to  furnish  quarters  and  rations  to 
sick  and  disabled  soldiers  who  may  be  permitted  to  re- 
turn home  on  furlough,  or  after  an  honorable  discharge 
from  the  military  service ;  and  the  hospitals  so  estab- 
lished shall  be  known  and  designated  as  way  hospitals, 
and  shall  be  furnished  with  suitable  bedding  and  pro- 
visions, and  in  every  respect  be  under  the  same  rules 
and  regulations  of  other  hospitals. 

419.  That  sick,  wounded,  and  disabled  soldiers  in  j^ch.  w?3 
hospitals  shall  be  entitled  to  furloughs  and  discharges  andldis?hs 
under  the  following  rules  and  regulations  :  In  places  charses- 
where  there  are  three  or  more  hospitals,  three  surgeons 

in  charge  of  hospitals,  or  divisions  in  hospitals,  shall 
constitute  a  board  of  examiners  for  the  hospitals  to 
which  they  belong,  whose  duty  it  shall  be,  twice  in 
each  week,  to  visit  said  hospitals,  and  examine  appli- 
cants for  furloughs  and  discharges  ;  and  in  all  cases 
where  they  shall  find  an  applicant  for  furlough  unfit 
for  military  duty,  either  from  disease  or  wounds,  and 
likely  so  to  -remain  for  thirty  days  [420]  or  upwards, 
they  shall  grant  a  furlough  for  such  time  as  they  shall 
deem  him  unfit  for  duty,  not  to  exceed  sixty  days. 
Said  board  shall  keep  a  secretary  or  clerk,  who  shall 
issue  all  furloughs  by  order  of  the  board,  and  shall 
specify  therein  the  time  of  furlough,  the  place  of  the 
residence  of  the  soldier,  his  company,  regiment,  and 
brigade. 

420.  That  an  act  regulating  the  granting  of  furloughs  Feb.  17,1864 
and  discharges  in  hospitals,  approved  May  the  first,  idem." 
eighteen  hundred  and  sixty-three  [419],  be  and  the 

same  is  hereby  so  amended  as  to  provide  that  the  pe- 
riod of  disability  therein  named  which  entitles  soldiers, 
sick  and  wounded  in  hospitals,  to  furloughs,  shall  be 
extended  to  sixty  days  or  upwards,  in  which  case  the 
board  of  examiners  may  grant  furloughs  for  sixty 
days. 

421.  That  no  further  regulation  shall  be  required  of  f 2ayc  J' ^g63 
the  soldier,  and  no  passport  required  other  than  his  No  passport 

A-,        ■*•  required 

I  Ur  1 0  U  ff  h .  other  than 

furlough. 


142 


DIGEST    OF 


Ibid,  g  3. 
Discharges 
and  trans- 
portation. 


Ibid,  §  4. 
Board  of 
examiners. 


Ibid,  I  5. 
Duty  of 
house  sur- 
geons . 
April  29, 
1863,  I  1, 
ch.  47. 
Officers  al- 
lowed hos- 
pital accom- 
modations 
at  one  dollar 
per  day. 
Ibid,  §  2. 
When  offi- 
cers shall  be 
without 
money. 


Feb.  13,  1864 
Res.  19. 
Accommoda- 
tions to  in- 
clude sub- 
sistence. 


422.  That  the  said  board  may  recommend  discharges, 
stating  the  grounds  thereof,  which,  when  approved  by 
the  Surgeon-General  or  the  general  commanding  the 
army  or  department  to  which  the  soldier  belongs,  shall 
entitle  him  to  a  discharge  and  transportation  to  the 
place  of  his  enlistment  or  residence. 

423.  That  in  places  where  there  are  but  two  hospi- 
tals, two  surgeons  in  charge  of  a  hospital  or  division 
shall  constitute  a  board  for  the  purposes  aforesaid  ; 
and  in  places  where  there  is  but  one,  the  surgeon  in 
charge,  and  two  assistant  surgeons,  if  there  be  two, 
and  if  not,  then  one,  shall  constitute  a  board  for  the 
purpose  aforesaid,  and  may  furlough  and  recommend 
discharges  as  aforesaid  :  Provided,  That  no  furlough 
shall  be  granted  under  the  provisions  of  this  act,  if,  in 
the  opinion  of  the  board,  the  life  or  convalescence  of 
the  patient  would  be  endangered  thereby. 

424.  The  house  surgeon  in  all  hospitals  shall  see  each 
patient  under  his  charge  once  every  day. 

425.  That  sick  or  wounded  officers  shall  be  allowed 
hospital  accommodations  [427]  in  any  of  the  hospitals 
of  the  Confederate  States,  at  one  dollar  per  diem. 

426.  When  said  officer  shall  be  without  money,  he 
shall  nevertheless  be  entitled  to  the  same.  The  sur- 
geon in  charge,  at  the  expiration  of  every  thirty  days, 
shall  state  the  account,  and  be  entitled  to  draw  the 
amount  at  any  place  where  the  officer  might  have 
drawn  it,  which  shall  be  deducted  from  said  officer's 
pay  in  the  same  way  as  if  he  himself  had  drawn  it. 
and  any  officer  drawing  the  same  again  shall  be  pun- 
ished as  in  the  case  of  fraudulent  drawers. 

427.  That  the  true  intent  and  meaning  of  an  act  al- 
lowing hospital  accommodations  to  sick  and  wounded 
officers,  approved  the  twenty-ninth  day  of  April,  eigh- 
teen hundred  and  sixty -three  [425],  were  to  cause  to 
be  furnished  not  only  medicines,  medical  and  other  at- 
tendance and  lodging,  but  subsistence  also. 


MILITARY    LAWS.  143 

VHI.-TMPRESSMENTS. 

[See  "  Employment  of  Negroes"  179.] 

428.  Of  forage — articles  of   subsistence  or  other  property  absolutely 

necessary,  authorized.     Value  of  property ;  how  to  be  ascer- 
tained. 

429.  Payment  to  be  made  and  certificate  to  be  given  by  the  impress- 

ing officer. 

430.  Value  of  property:  when  to  be  assessed,  and  how. 

431.  When  the  Secretary  of  War  may  authorize  property  to  bo  taken 

for  public  use. 

432.  Commissioners  to  be  appointed  in  each  state — one  by  the  Presi- 

dent,  and  one  by  the  governor.      Schedule  of  prices  to  be 
published  every  two  months. 

433.  Property  in  the  hands  of  any  person  other  than  the  raiser  or  pro- 

ducer; how  to  be  paid  for.     Cases  of  disagreement;  how  de- 
cided. 

434.  Property  necessary  for  the  support  of  the  owner  and  family  not  to 

be  impressed. 

435.  Property  impressed  for  temporary  use  and  destroyed,  to  be  paid 

for. 

436.  Impressment  of  slaves ;  how  regulated. 

437.  Certain  slaves  not  to  be  impressed  except  in  cases  of  urgent  ne- 

cessity. 

438.  Substitute  for  preceding  section. 

439.  Penalty  for  violating  provisions  of  this  act. 

440.  Impressing  officer  to  approve  or  disapprove  appraisements.    Final 

valuation. 

441.  Repeal  of  foregoing  act.     Affidavit  of  owner  or  agent. 

442.  Property  to  be  paid  for  at  tho  time,  unless  an  appeal  is  taken. 

443.  Impressing  officer  to  endorse  his  approval  or  refusal  on  appraise- 

ment.    Appeal. 

444.  Commissioners  may  summon  witnesses.     Valuation. 

445.  Oath  to  be  taken. 

446.  No  impressment  for  benefit  of  contractors. 

447.  As  to  appeals. 

448.  Impressment  of  meat. 

449.  Quantity  allowed  to  be  retained.     Mode  of  exercising  the  powers 

granted. 

450.  Notice  to  be  given  to  owner  of  the  quantity  required,  etc. 

451.  Duty  of  owner  on  notice  being  served. 

452.  Mode  of  ascertaining  quantity  and  compensation. 

453.  Certificate  of  impressing  officer.     Payment. 

428.  The  Congress  of  the  Confederate  States  of  America  MarcIl26 
do  enact,  That  whenever  the  exigencies  of  any  army  ^io*1' 
in  the  field  are  such  as  to  make  impressments  of  for-  articTefof 
age,  articles  of  subsistence,  or  other  property  abso-  ™b08theernce 
lutely  necessary,  then  such  impressments  may  be  made  \T°^y  ab* 
by  the  officer  or  officers  whose  dutv  it  is  to  furnish  necessary. 

J  authorized. 

such  forage,  articles  of  subsistence,  or  other  property 
for  such   army.     In  cases  where  the  owner  of  such  vaiueof 
property  and  the  impressing   officer  can    not   agree  howto^beas- 
upon  the  value  thereof,  it  shall  be  the  duty  of  such  certained- 
impressing  officer,  upon  an  affidavit  in  writing  of  the 
owner  of  such  property,  or  his  agent,  that  such  prop- 


144  DIGEST    OF 

erty  was  grown,  raised,  or  produced  by  said  owner, 
or  is  held  or  has  been  purchased  by  him,  not  for  sale 
or  speculation,  but  for  his  own  use  or  consumption,  to 
cause  the  same  to  be  ascertained  and  determined  by 
the  judgment  of  two  loyal  and  disinterested  citizens 
of  the  city,  county,  or  parish  in  which  such  impress- 
ments may  be  made — one  to  be  selected  by  the  owner, 
one  by  the  impressing  officer;  and  in  the  event  of 
their  disagreement,  these  two  shall  choose  an  umpire 
of  like  qualifications,  whose  decision  shall  be  final. 
The  persons  thus  selected,  after  an  oath  to  appraise 
the  property  impressed,  fairly  and  impartially  (which 
oath,  as  well  as  the  affidavit  provided  for  in  this  sec- 
tion, the  impressing  officer  is  hereby  authorized  to  ad- 
minister and  certify),  shall  proceed  to  assess  just  com- 
pensation for  the  property  so  impressed,  whether  the 
absolute  ownership,  or  the  temporary  use  thereof,  only 
is  required, 
ibid,  §2.  429.  That  the  officer  or  person  impressing;  property 

Payment  to  r  r  S>   f      L         J 

be  made  and  as  aforesaid  shall,  at  the  time  of  said  taking;,  pay  to 

certificate  to 

be  given  by    the  owner,  his  agent,  or  attorney,  the  compensation 

the  impress-    _  . 

ing officer,  fixed  by  said  appraisers;  and  shall  also  give  to  the 
owner,  or  person  controlling  said  property,  a  certifi- 
cate, over  his  official  signature,  specifying  the  bat- 
talion, regiment,  brigade,  division,  or  corps  to  which 
he  belongs;  that  said  property  is  essential  for  the  use 
of  the  army,  could  not  be  otherwise  procured,  and 
was  taken  through  absolute  necessity;  setting  forth 
the  time  and  place  when  and  where  taken,  the  amount 
of  compensation  fixed  by  said  appraisers,  and  the 
sum,  if  any,  paid  for  the  same.  Said  certificate  shall 
be  evidence  for  the  owner,  as  well  of  the  taking  of 
said  property  for  the  public  use  as  the  right  of  the 
owner  to  the  amount  of  compensation  fixed  as  afore- 
said. And  in  case  said  officer  or  person  taking  said 
property  shall  have  failed  to  pay  the  owner  or  his 
agent  said  compensation  as  hereinbefore  required, 
then  said  owner  shall  be  entitled  to  the  speedy  pay- 
ment of  the  same  by  the  proper  disbursing  officer — 
which,  when  so  paid,  shall  be  in  full  satisfaction  of  all 


MILITARY    LAWS.  145 

claims  against  the  Government  of  the  Confederate 
States. 

430.  Whenever  the  appraisement  provided  for   in  *bid'H- 
the  first  section  of  this  act  shall,  for  any  reason,  be  property; 

.  when  to  be 

impracticable  at  the  time  of  said  impressment,  then  assessed, 

and  how. 

and  in  that  case  the  value  of  the  property  impressed 
shall  be  assessed  as  soon  as  possible,  by  two  loyal  and 
disinterested  citizens  of  the  city,  county,  or  parish 
wherein  the  property  was  taken,  chosen  as  follows  : 
one  by  the  owner,  and  one  by  the  Commissary  or 
Quartermaster-G-eneral,  or  his  agent,  who,  in  case  of 
disagreement,  shall  choose  a  third  citizen,  of  like 
qualifications,  as  an  umpire,  to  decide  the  matters  in 
dispute — who  shall  be  sworn  as  aforesaid,  who  shall 
hear  the  proofs  adduced  by  the  parties  as  to  the  value 
of  said  property,  and  assess  a  just  compensation  there- 
for, according  to  the  testimony. 

431.  That  whenever  the  Secretary  of  War  shall  be  ibid,  g4. 

......  .  When  the 

of  opinion  that  it  is  necessary  to  take  private  property  Secretary  of 
for  public  use,  by  reason  of  the  impracticability  of  authorize 
procuring  the  same  by  purchase,  so  as  to  accumulate  betaken  for 
necessary  supplies  for  the  army,  or  the  good  of  the  pu 
service,  in  any  locality,  he  may,  by  general   order, 
through  the  proper  subordinate  officers,  authorize  such 
property  to  be  taken  for  the  public  use — the  compen- 
sation due  the  owner  for  the  same  to  be  determined, 
and  the  value  fixed,  as  provided  for  in  the  first  and 
second  sections  of  this  act. 

432.  That  it  shall  be  the  duty  of  the  President,  as  ibid,  g  5. 

.  n  Commission- 

early  as  practicable  after  the  passage  of  this  act,  to  erstobeap- 

,  ,  pointed  in 

appoint  a  commissioner  in  each  state  where  property  each  state- 
shall  be  taken  for  the  public  use,  and  request  the  gov-  president 
ernor  of  such  of  the  states  in  which  the  President  thegovern- 
shall  appoint  said  commissioner,  to  appoint  another 
commissioner,  to  act  in  conjunction  with  the  commis- 
sioner appointed  by  the  President,  who  shall  receive 
the  compensation  of  eight  dollars  per  day,  and  ten 
cents  per  mile  as  mileage,  to  be  paid  by  the  Confeder- 
ate government.     Said  commissioners  shall  constitute  Schedule  of 

prices  to  be 

a  board,  whose  duty  it  shall  be  to  fix  upon  the  prices  published 

i  -ii  i  '  ii  •  every  two 

to  bo  paid  by  the  government  for  all  property  lm-  months. 
10 


146  DIGEST    OF 

pressed  or  taken  for  the  public  use  as  aforesaid,  so  as 
to  afford  just  compensation  to  the  owners  thereof. 
Said  commissioners  shall  agree  upon  and  publish  a 
schedule  of  prices  every  two  months,  or  oftener,  if 
they  shall  deem  it  proper;  and  in  the  event  they  shall 
not  be  able  to  agree  in  any  matter  confided  to  them 
in  this  act,  they  shall  have  power  to  appoint  an  um- 
pire to  decide  the  matter  in  dispute,  whose  decision 
shall  be  the  decision  of  the  board ;  and  said  umpire 
shall  receive  the  same  rate  of  compensation  for  the 
time  he  shall  serve,  allowed  to  said  commissioners 
respectively :  Provided,  That  said  commissioners  shall 
be  residents  of  the  state  for  which  they  shall  be  ap- 
pointed; and  if  the  governor  of  any  state  shall  refuse 
or  neglect  to  appoint  said  commissioner  within  ten 
days  after  a  request  to  do  so  by  the  President,  then 
the  President  shall  appoint  both  commissioners,  by 
and  with  the  advice  and  consent  of  the  Senate, 
ibid,  §6.  433.  That  all  property  impressed  or  taken  for  the 

the  hands  of  public  use  as  aforesaid,  in  the  hands  of  any  person 

any  person  ,  .  ,         .  . 

other  than  other  than  the  persons  who  have  raised,  grown,  or 
orproducer;  produced  the  same,  or  persons  holding  the  same  for 
paid  for. e  their  own  use  or  consumption,  and  who  shall  make 
the  affidavit  as  hereinbefore  required,  shall  be  paid  for 
according  to  the  schedule  of  prices  fixed  by  the  com- 
casesof  dis-  missioners  as  aforesaid.     But  if  the  officer  impressing 

agreement ;  A  ° 

how  decided,  or  taking  for  the  public  use  such  property  and  the 
owner  shall  differ  as  to  the  quality  of  the  article  or 
property  impressed  or  taken  as  aforesaid,  thereby 
making  it  fall  within  a  higher  or  lower  price  named 
in  the  schedule,  then  the  owner  or  agent  and  the  offi- 
cer impressing  or  taking  as  aforesaid,  may  select 
each  a  loyal  and  disinterested  citizen,  of  the  qualifi- 
cations as  aforesaid,  to  determine  the  quality  of  said 
article  or  property,  who  shall,  in  case  of  disagreement, 
appoint  an  umpire  of  like  qualifications,  and  his  de- 
cision, if  approved  by  the  officer  impressing,  shall  be 
final;  but  if  not  approved,  the  impressing  officer  shall 
send  the  award  to  the  commissioners  of  the  state 
where  the  property  is  impressed,  with  his  reasons  for 
disapproving  the  same,  and  said  commissioners  may 


MILITARY    LAWS.  147 

hear  such  proofs  as  the  parties  may  respectively  ad- 
duce, and  their  decision  shall  be  final :  Provided,  That 
the  owner  may  receive  the  price  offered  by  the  im- 
pressing officer,  without  prejudice  to  his  claim  to  re- 
ceive the  higher  compensation. 

434.  That  the  property  necessary  for  the  support  of  pbid'e|t7- 
the  owner  and  his  family,  and  to  carry  on  his  ordinary  cessary  for 

•>  '  •>  •>     the  support 

agricultural  and  mechanical  business,  to  be  ascertained  °f  the  °w,ner 

°  '  and  family 

by  the  appraisers  to  be  appointed  as  provided  in  the  not  to  be  im- 
first  section  of  this  act,  under  oath,  shall  not  be  taken 
or  impressed  for  the  public  use;  and  when  the  im- 
pressing officer  and  the  owner  can  not  agree  as  to  the 
quantity  of  property  necessary  as  aforesaid,  then  the 
decision  of  the  said  appraisers  shall  be  binding  on  the 
officer  and  all  other  persons. 

435.  Where  property  has  been  impressed  for  tern-  iwd,  5  8. 

'■'-''.  x  Property  im- 

porary  use,  and  is  lost  or  destroyed  without  the  de-  pressed  for 

temporary 

fault  of  the  owner,  the  Government  of  the  Confeder-  use,  and  de- 

01  in  •  1  n  stroyed,  to 

ate  States  shall  pay  a  just  compensation  therefor,  to  be  paid  for. 
be  ascertained  by  appraisers  appointed  and  qualified 
as  provided  in  the  first  section  of  this  act.  If  such 
property  when  returned  has,  in  the  opinion  of  the 
owner,  been  injured  while  in  the  public  use,  the 
amount  of  damage  thereby  sustained  shall  be  deter- 
mined in  the  manner  described  in  the  third  section  of 
this  act,  the  officer  returning  the  property  being 
authorized  to  act  on  behalf  of  the  government;  and 
upon  such  inquiry,  the  certificate  of  the  value  of  the 
property,  when  originally  impressed,  shall  be  received 
as  prima  facie  evidence  of  the  value  thereof. 

436.  Where  slaves  are  impressed  by  the  Confederate  j™jJJ: 
government  to  labor  on  fortifications  or  other  public  ^ves^how 
works,  the  impressment  shall  be  made  by  said  gov-  regulated, 
ernment  according  to  the  rules  and  regulations  pro- 
vided in  the  laws  of  the  state  wherein  they  are  impress- 
ed; and,  in   the  absence  of  such  law,  in  accordance 

with  such  rules  and  regulations,  not  inconsistent  with 
the  provisions  of  this  act,  as  the  Secretary  of  War 
shall  from  time  to  time  prescribe:  Provided,  That  no 
impressment  of  slaves  shall  be  made  when  they  can 


148 


DIGEST    OF 


Ibid,  1 10. 
Certain 
slaves  not  to 
be  impress- 
ed, except 
in  case  of 
urgent 
necessity. 


Feb.  16, 1864, 
g  5,  ch.  43. 
Substitute 
for  preced- 
ing section. 


March  26, 
1863, 1 11, 
ch.  10. 
Penalty  for 
violating 
provisions  of 
this  act. 


April  27, 
1863.  ch.  44. 
Impressing 
officer  to  ap- 
prove or  dis- 
approve ap- 
praisements. 


Final 
valuation. 


be  hired  or  procured  by  the  consent  of  the  owner  or 
agent  [179]. 

437.  That  previous  to  the  first  day  of  December 
next  no  slave,  laboring  on  a  farm  or  plantation  ex- 
clusively devoted  to  the  production  of  grain  and  pro- 
visions, shall  be  taken  for  the  public  use  without  the 
consent  of  the  owner,  except  in  case  of  urgent  neces- 
sity. 

.438.  That  the  tenth  section  of  the  act  of  which  this 
is  an  amendment  be  stricken  out,  and  the  following 
inserted  instead  thereof: 

"  No  slave  laboring  on  a  farm  or  plantation  exclu- 
sively devoted  to  the  production  of  grain  or  provi- 
sions shall  be  taken  for  public  use,  without  the  con- 
sent of  the  owner,  except  in  case  of  urgent  necessity, 
and  upon  the  order  of  the  general  commanding  the 
department  in  which  said  farm  or  plantation  is  situ- 
ated." 

439.  That  any  commissioned  or  non-commissioned 
officer  or  private  who  shall  violate  the  provisions  of 
this  act  shall  be  tried  before  the  military  court  of  the 
corps  to  which  he  is  attached,  on  complaint  made  by 
the  owner  or  other  person,  and,  on  conviction,  if  an 
officer,  he  shall  be  cashiered,  and  put  into  the  ranks  as 
a  private ;  and  if  a  non-commissioned  officer  or  pri- 
vate, he  shall  suffer  such  punishment,  not  inconsist- 
ent with  military  law,  as  the  court  may  direct. 

440.  That  in  all  cases  of  appraisement  provided  for 
in  said  act  [428],  the  officer  impressing  the  property 
shall,  if  he  believe  the  appraisement  to  be  fair  and  just, 
endorse  upon  it  his  approval ;  if  not,  he  shall  endorse 
upon  it  his  reasons  for  refusing,  and  deliver  the  same, 
with  a  receipt  for  the  property  impressed,  to  the  own- 
er, his  agent,  or  attorney,  and,  as  soon  as  practicable, 
forward  a  copy  of  the  receipt  and  appraisement,  and 
his  endorsement  thereon,  to  the  board  of  appraisers 
appointed  by  the  President  and  the  governor  of  the 
state,  who  shall  revise  the  same  and  make  a  final 
valuation,  so  as  to  give  just  compensation  for  the  prop- 
erty  taken,  which   valuation    shall   be   paid   by  the 


MILITARY   LAWS. 


149 


proper  department  for  the  use  of  which  the  property 
was  taken,  on  the  certificate  of  the  appraisers,  as 
provided  in  the  act  of  which  this  is  amendatory. 

441.  That  the  act  amendatory  [440]  of  the  above  Jf-J^^6* 
recited  act  (approved  April  twenty-seventh,  eighteen  Repeal  of 
hundred  and  sixty-three),  and  so  much   of  the  first  act. 
section  of  said  act  [428]  as  requires  an  affidavit  to  be  Affidavit  of 

i   •  i  i  owner  or 

made  by  the  owner  or  his  agent  that  such  property  agent, 
was  grown,  raised,  or  produced  by  said  owner,  or  held, 
or  has  been  purchased  by  him,  not  for  sale  or  specula- 
tion, but  for  his  own  use  or  consumption,  be  and  the 
same  is  hereby  repealed. 

442.  That  in  all  cases  where  property  is  impressed  Feb.  16,1864 

§  1,  ch.  43. 

for  the  use  of  the  army  and  navy,  or  for  other  public  Property  to 

i  .     ,     i  •  ,    n  ,        be  paid  for 

use,  under  said  act,  the  same  shall  be  paid  for  at  the  at  the  time 

„',.,.  ,  lini        unless  an  ap- 

time  of  said  impressment,  unless  an  appeal  shall  be  peaiis 
taken  from  said  valuation,  as  hereinafter  provided, 
according  to  the  valuation  agreed  upon  between  the 
parties,  or  ascertained  by  loyal  and  disinterested  citi- 
zens of  the  city,  county,  or  parish  in  which  the  im- 
pressment may  be  made,  in  the  manner  and  according 
to  the  regulations  provided  in  the  first,  second,  and 
third  sections  of  the  above  recited  act,  or  in  the  eighth 
section  thereof,  where  it  is  applicable. 

443.  Whenever  the  officer  making  the  impressment  ibid,  g 2. 

Impressing 

of  property    under   the   act    hereby  amended    shall  officer  to  en- 

.  dorse  his  ap- 

believe  that  the  appraisement  is  fair  and  just,  he  shall  provaiorre- 

...  .  ,  .  fusal  of  ap- 

endorse  his  approval  upon  the  appraisement,  and  praisement. 
make  payment  accordingly;  but  if  he  shall  believe  Appeal, 
that  it  is  not  fair  and  just,  then  he  shall  refuse  to  ap- 
prove, and  endorse  the  reasons  of  his  refusal  on  the 
certificate,  and  shall  have  the  right  to  appeal  from  the 
decision  of  the  appraisers,  by  reporting  the  case  to 
the  commissioners  appointed  under  said  act  to  which 
this  is  an  amendment,  for  their  decision,  whose  judg- 
ment shall  be  final ;  and  in  the  meantime  the  propertj^ 
shall  be  held  and  appropriated  by  the  officer  impress- 
ing the  same,  who  shall  give  a  receipt  therefor  to  the 
owner,  who  shall  also  have  the  right  of  appeal  as 
herein  provided. 

444.  The  said  commissioners  shall  have  power  to  *bid'2.3-. 

*  Commission- 


150  DIGEST    OF 

ersmay        summon  and  examine  witnesses  to  enable  them  to  fix 

summon 

witnesses,  the  value  of  property  impressed,  which  shall  be  a  just 
compensation  for  the  property  so  impressed,  at  the 

Valuation,  time  and  place  of  impressment;  and  when  the  com- 
missioners shall  have  fixed  the  value  of  property  in 
cases  of  appeal,  they  shall  furnish  the  owner  and 
impressing  officer  with  a  statement  of  such  value, 
which  valuation  by  the  commissioners  shall  be  within 
three  months  from  the  time  of  impressment. 

?lt'!\  445.  That  said  commissioners  shall  be  sworn  faith- 

Oath  to  be 

taken.  fully  to  discharge  all  their  duties  under  this  act  and 

the  act  to  which  this  is  an  amendment. 
Noidlm7ress-       ^46.  That  no  impressment  shall  be  made  under  this 
benefltof      ac^'  or  ^e  a°t  to  which  this  is  amendatory,  for  the 
contractors.    use  or  benefit  of  contractors  with  the  government, 
ibid,?  8.  447.  Nothing    in    this   act   shall    be   construed   to 

As  to  ap-  '~ 

peals.  authorize  the  impressing  officer  to  enter  an   appeal 

from  any  decision  of  the  local  appraisers,  under  the 
seventh  section  of  the  act  to  which  this  is  amenda- 
tory. 

Feb.  17, 1864       448.  That  whenever  the  President  shall  declare  that 
a  1,  eta.  52.  .  .  . 

impress-       the  public  exigencies  render  it    necessary,  impress- 
ment of  - 
meat.           ments  of  meat  for  the  use  of  the  army  may  be  made 

from  any  supplies  that  may  exist   in    the   country, 

under  the  express  condition  that  just  compensation 

shall  be  afforded  to  the  owner  of  the  meat  taken  or 

impressed,  and  subjected  to  the  following  restrictions 

and  limitations : 

ibid,  §2.  449.  The  power  to  direct  such  impressments  shall 

Quantity  al- 

lowed  to  be  be  conferred  upon  the  Secretary  of  War ;  but  he  shall 
not  reduce  the  supplies  of  any  person  below  one-half 
of  the  quantity  usually  allowed  for  the  support  of 
himself,  his  family,  and  dependents  for  the  year.     He 

ercfs1ngf  the  shall  exercise  the  said  power  by  orders  directed  to  the 

granted  officers  or  agents  he  may  employ,  who  shall  have 
explicit  instructions  as  to  the  mode  of  its  execution, 
and  injunctions  that  the  same  shall  not  be  abused. 

ibid,  §3.  45Q    That  these  orders  shall  direct  that  a  notice 

Notice  to  be 

given  to        shall  be  given  to  the  owner  of  the  meat  needed,  his 

owner  of  the  ° 

quantity  re-  bailee,  or  other  agent,  declaring  the  quantity  required, 
the  price  offered,  the  existence  of  a  necessity,   and 


MILITARY    LAWS.  151 

whether  possession  is  to  be  taken  of  the  same  imme- 
diately, and  with  whom  the  risk  of  the  safe-keeping 
is  to  be,  pending  the  negotiation,  and  in  what  manner 
the  compensation  shall  be  settled  in  case  the  offer  is 
not  accepted — service  of  which  notice  shall  be  a  con- 
dition precedent  to  any  impressment  or  seizure  by 
the  impressing  officer. 

451.  That  upon  the  service  of  this  notice  upon  the  ibid,  \  4. 
owner  of  any  meat  liable  to  impressment,  the  owner  er  on  notice 
shall  hold  the  same,  subject  to  the  claim  of  the  Con-    emg8ei 
federate  States,  and  shall  be  entitled  to  just  compen- 
sation, according  to  the  provisions  of  this  act;  and  if 

the  necessity  is  declared  by  the  impressing  officer  to 
be  urgent,  he  shall  deliver  the  possession  to  the  im- 
pressing officer  upon  his  demand,  who  shall  give  a 
receipt  therefor,  as  provided  in  the  sixth  section  of 
this  act. 

452.  That  for  the  ascertainment  of  the  quantity  of  ibid,  g  5. 

Tii  •  -it-  iir>  Mode  of  aa- 

meat  liable  to  impressment  under  this  act,  and  also  01  certaining 
just  compensation  for  the  same,  where  the  owner  and  andconipen- 
impressing  officer  can  not  agree,  the  impressing  officer 
shall  appoint  one  loyal  and  disinterested  citizen  of  the 
county,  district,  or  parish  in  which  the  meat  impressed 
shall  be  at  the  time  of  impressment;  and  the  owner  of 
the  meat  so  impressed,  his  agent,  or  other  bailee,  shall 
appoint  another,  who  shall,  upon  oath,  ascertain  the 
quantity  liable  to  impressment,  and  the  value  of  the 
same  at  the  date  of  the  notice  served  upon  the  party, 
which  oath  may  be  administered  by  the  impressing 
officer,  and  which  ascertainment  of  the  quantity  and 
value  shall  be  conclusive  evidence  thereof;  and  if 
the  assessors  can  not  agree,  they  may  assooiate  with 
them  a  third  person,  of  like  qualifications,  to  make 
said  assessments. 

453.  That  whenever  an  impressment  shall  be  made  ibid,  a  6. 
under  this  act,  it  shall  be  the  duty  of  the  impressing  of  impress- 
officer  to  give  an  official  certificate,  showing  the  quan-  mg  ° 
tity  taken,  the  company,  battalion,  regiment,  or  other 
command  for  whose  use  it  is  .required,  the  compensa- 
tion to  be  paid,  the  circumstances  of  necessity  that 
existed — which  certificate  shall  be  evidence  of  a  claim 


152 


DIGEST    OF 


against  the  Confederate  States,  and  shall  be  promptly 
Payment,  paid  by  the  disbursing  officer  of  the  command  for 
which  the  meat  was  taken,  or  by  the  chief  of  the 
bureau  having  charge  of  disbursements  for  similar 
objects. 


IX -MANUFACTURE  OF  SALTPETRE 

AND  SMALL-AKMS,*  AND  MINES  FOE  THE 
PKODUCTION  OF  COAL  AND  IEON. 


April  17, 
1862.  g  1, 
cb.  34. 
Establish- 
ment of  fac- 
tories.   Al- 
lowances by 
the  govern- 
ment. 


Conditions. 


454.  Establishment  of  factories.     Advances  by  the  government.     Con- 

ditions. 

455.  Enlargement  of  existing  factories. 

456.  Coal  and  iron  mines.     Contracts  for  purchase  of  coal  and  iron. 

457.  Sequestered  land  on  which  are  mines  of  copper,  iron,  etc.,  etc. 

454.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  any  person  or  persons  who  may  propose 
to  establish,  within  the  limits  of  the  Confederate  States, 
a  manufactory  or  manufactories  of  saltpetre,  and  of 
small-arms  adapted  to  the  use  of  the  army,  shall  be 
entitled  to  receive  from  the  government  an  advance 
of  fifty  per  cent,  of  the  amount  required  for  the  erec- 
tion and  preparation  of  the  works  and  machinery  nec- 
essary to  such  manufactory  or  manufactories,  to  be 
repaid  without  interest  in  the  product  of  such  manu- 
factory or  manufactories,  at  a  price  to  be  agreed  upon 
before  such  advance  shall  be  made,  and  subject  to  the 
following  conditions,  to  wit:  First,  That  the  con- 
tractor or  contractors  shall  submit  to  the  President  a 
plan  of  the  proposed  works,  showing  their  location, 
nature,  and  extent,  together  with  a  sworn  estimate  of 
their  probable  cost,  and  a  detailed  account  under  oath 
of  the  amount  already  expended  on  the  same,  which 
amount  shall  be  at  least  twenty-five  per  cent,  of  the 
entire  estimated  cost  of  such  work.  Second,  That  the 
amount  so  advanced  shall  be  paid  in  instalments  as 
the  works  shall  progress  toward  completion.  Third, 
That  the  proposed  enterprise  and  works  shall  be  ap- 


:  See  "arms  and  munitions,"  388  et  seq. 


MILITARY    LAWS.  153 

proved   by  the   President.      Fourth,  That   the   eon- 
tractor  or  contractors  shall  enter  into  bond,  with  suffi- 
cient security,  to  be  approved  by  the  president,  in  the 
penalty  of  double  the  amount  proposed  to  be  advanced, 
and  conditioned  that  the  principal  obligor  or  obligors 
shall  well  and  truly,  by  a  certain  time  (which  may  be 
extended  by  the  President,  if  he  thinks  proper)  named 
in  the  bond,  proceed  to  erect,  complete,  and  put  into 
effective  operation  the  manufactory  or  manufactories 
proposed ;  that  he  or  they  will  expend  the  sum  named 
for  these  purposes;  that  he  or  they  will  appropriate  the 
money  advanced  by  the  government  to  such  purpose 
and  to  no  other  use  or  purpose,  and,  as  far  as  practica- 
ble, keep  the  property  insured;  and  that  he  or  they 
Will  repay  the  same  from  the  merchantable  articles 
lanufactured,  to  be  delivered  at  such  times  and  in 
mch  quantities  as  may  be  agreed  upon — the  same,  in 
111  cases,  to  be  inspected  by  a  government  officer  before 
is  received — until  he  or  they  shall  fully  repay  to  the 
lonfederate' States,  in  the  article  and  at  the  price 
apulated  for,  the  sum  advanced ;  that  the  contractor 
i  contractors  shall  subscribe  a  written  oath,  endorsed 
Am  the  back  of  said  bond,  which  may  be  administer- 
epy  any  one  authorized  to  administer  an  oath,  that 
sa  advance  is  asked  for  the  purposes  specified  in  this 
aOand  no  other,  and  that  he  or  they  will  so  apply 
sal  funds,  which  may  thus  be  advanced ;  and  a  wil-' 
fulhd  corrupt  violation  of  this  oath  shall  be  deemed 
Peny,  and  punishable  by  imprisonment  for  not  less 
thalhree  nor  more  than  ten  years. 

4\  The  provisions  of  this  act  shall  apply  to  cases  iwd,  §2. 

„     \  L  m  rl-    J  Enlarge- 

oi  eWeraent  of  manufactories  of  saltpetre  and  of  ment  of  ex- 

J  °  isting  facto- 

smaiv-ms  T1°w  established  or  being  established  with-  ries. 
in  th«onfecierate  States,  but  the  advances  made  in 
such  tes  shall  only  be  fifty  per  cent,  upon  the 
amoukr0p0gecl  to  be  invested  in  the  enlargement  of 
such  Aufactory  or  manufactories ;  and  no  now  ex- 
isting Ugtment  in  such  manufactory  or  manufac- 
tories a  De  computed  or  taken  into  account  in  de- 
terminiLch  fifty  per  cent. 

4°6.  \  the  provisions  of  the  act  entitled  "An  &*$¥!>„ 

I  *  1862,  ch.  41. 


154 


DIGKST    OF 


Coal  and 
iron  mines. 


Contracts 
for  purchase 
of  coal  and 


April  2, 
1863,  ch.  11. 
Sequestered 
land  on 
which  are 
mines  of 
copper,  iron, 
etc.,  etc. 


act  to  encourage  the  manufacture  of  saltpetre  and  of 
small-arms  "  [454]  shall  also  apply  to  all  establish- 
ments or  mines  for  the  production  of  coal,  and  for  the 
production  and  manufacture  of  iron;  and  that,  in  addi- 
tion to  the  advance  of  fifty  per  cent,  therein  men- 
tioned, the  President  be  and  he  is  hereby  authorized 
to  enter  into  contracts  for  the  purchase  of  coal  and 
iron,  in  such  quantities  as  may  probably  be  required 
for  a  series  of  years,  not  exceeding  six,  and  to  make 
advances  thereon  not  exceeding  one-third  of  the 
amount  of  such  contract. 

457.  That   any  district   court  of  the    Confederate 
States  may,  in  its  discretion,  direct  any  of  its  recoivers 
to  lease  out  any  sequestered  land  within  his  district,' 
on  which  are  any  mines  or  beds  of  copper,  lead,  iron 
coal,  saltpetre,  or  other  minerals,  for  a  period  not  ex 
ceeding  three  years,  and  in  such  manner   and  upo 
such  terms  as  the  court  may  prescribe,  and  such  orde* 
may  be  made  either   by  the  court  or  by  the  jud^ 
thereof,  in  vacation. 


X.-MISS00RI. 


458.  Aid  extended. 

459.  Preamble.     Co-operation  of  the  President  with  the  state  jhor- 

ities  to  defend  the  state.     Troops.     Officers.     Vacancii 

460.  Admission  of  the  state  upon  certain  conditions. 

461.  Recognition  of  the  government  of  the  people  and  State  Mis- 

souri.    Alliance.  * 

462.  Missouri  admitted. 

463.  First  election  for  representatives  to  Congress. 

464.  Number  entitled  to. 

465.  Major-general  and  brigadier-generals  for  the  troops  t3  Raised 

in  Missouri. 

466.  Pay.     Staff.     Duty. 

467.  Act  when  to  take  effect. 

468.  Repeal  of  act  for  raising  troops  in  Missouri. 

469.  One  million  dollars  to  be  issued  on  certain  condition! 

470.  To  be  deducted  from  amount  due. 

471.  How  to  be  applied. 

472.  One  million  dollars  to  be  issued  on  certain  conditio 

473.  To  be  deducted  from  amount  due. 

474.  Issue  of  amount  authorized  by  act  of  January  27,  '" 

475.  Pay  of  officers  and  soldiers  enrolled  under  com01  °*  Major- 

General  Price. 

476.  Pay  of  officers  and  soldiers  of  Missouri  State  Gu 

477.  Conditions  of  payment. 

478.  Appropriation  for  certain  officers  and  men  of  t'llssouri  State 

Guard. 


MILITARY    LAWS.  155 

458.  The  Congress  of  the  Confederate  States  of  America  ^\$X9?k 
do  enact,  That  to  aid  the  people  of  the  State  of  Mis-  extended. 
souri  in  the  effort  to  maintain,  within  their  own  limits, 

the  constitutional  liberty  which  it  is  the  purpose  of 
the  Confederate  States  in  the  existing  war  to  vindi- 
cate, there  shall  be  and  is  hereby  appropriated,  out  of 
any  moneys  in  the  Treasury  not  otherwise  appropri- 
ated, one  million  of  dollars,  to  supply  clothing,  subsist- 
ence, arms,  and  ammunition  to  the  troops  of  Missouri 
who  may  co-operate  with  those  of  the  Confederate 
States  during  the  progress  of  the  existing  war — said 
sum  to  be  expended  under  the  discretion  of  the  Presi- 

ent  of  the  Confederate  States,  for  the  purposes  afore- 

aid. 

459.  Whereas  the  people  of  the  State  of  Missouri  A^0'^861 
ave  been  prevented,  by  the  unconstitutional  inter-  Preamble, 
rence  of  the  Government  of  the  United  States,  from 
pressing  their  will  through  their  legally  constituted 
thorities  in  regard  to  a  union  with  the  Confederate 

tes  of  America,  and  are  now  engaged  in  repelling 
akwless  invasion  of  their  territory  by  armed  forces; 
all  whereas  it  is  the  right  and  duty  of  the  Confeder- 
als States  to  aid  the  people  and  government  of  the 
sa\  state  in  resisting  such  invasion,  and  in  securing 
th^neans  and  the  opportunity  of  expressing  their 
wil\ipon  all  questions  affecting  their  rights  and  liber- 
tiesjnow,  therefore, 

%  Congress  of  the  Confederate  States  of  America  do  £ftherpresj> 
enarfjlhat  the  President  of  the  Confederate  States  of  dthT^ 
Ame^a  be  and  he  is  hereby  authorized  to  co-operate,  ^  defend68 
throi^  the  military  power  of  this  government,  with  thestate- 
the  a^orities  and  the  people  of  the  State  of  Missouri 
in  defying  that  state  against  a  lawless  invasion  by 
the  Uted  States,  and  in  maintaining  the  liberty  and 
indepeWnce  of  her  people;  and  that  he  be  author-  Tro°P8- 
ized  admp0were(ij  at  his  discretion,  to  receive  and 
muster V0  the  service  of  the  Confederate  States,  in 
the  Sta^f  Missouri,  such  troops  of  that  state  as  may 
volunted0  serve  in  the  Army  of  the  Confederate 
States,  sUct  to   the  rules  and  regulations  of  said 
army,  am  accordance  with  the  laws  of  Congress; 


156 


DIGEST    OF 


Officers. 


Ibid.  §  2. 
Admission  of 
the  state 
upon  certain 
conditions. 


and  said  troops  may  be  received  into  service  by  com- 
panies, battalions,  or  regiments,   with    their   officers 
elected  by  the  troops,  and  the  officers  so  elected  shall 
be  commissioned  by  the  President;  and  when  muster- 
ed into  service  said  companies,  battalions,  or  regi- 
ments may  be  attached  to  such  brigades  or  divisions 
as  the  President  may  determine ;  and  the  President 
shall  have  power  to  appoint  field-officers  for  all  bat- 
talions and  regiments  organized  out  of  separate  com- 
panies mustered  into  service,  and  to  add  to  battalions 
a  sufficient  number  of  separate  companies  to  complete 
their  organization  into  regiments,  and  to  appoint  th( 
additional  field-officers  necessary  for  the  complete  or 
ganization  of  the  regiments  so  formed;  and  all  vacan- 
cies  that    may    occur  among  the  commissioned    of- 
cers  of  troops  mustered  into  service  under  this  at 
shall  be  filled  in  the  manner  provided  in  the  act  ft- 
titied  "  An  act  for  the  establishment  and  organizatin 
of  the  Army  of  the  Confederate  States  of  Amerio," 
approved  sixth  March,  eighteen  hundred  and  shy- 
one  [10]. 

460.  That  the  State  of  Missouri  shall  be  admittd  a 
member  of  the  Confederate  States  of  America,  pon 
an  equal  footing  with  the  other  states  under  the^on- 
stitution  for  the  provisional  government  of  the^ne, 
upon  the  condition  that  the  said  constitution  f  the 
provisional    government   of  the   Confederate  tates 
shall    be  adopted  and   ratified  by  the   propef  and 
legally  constituted  authorities  of  said  state,  -d  the 
governor  of  said  state  shall  transmit  to  the  Psident 
of  the   Confederate  States  an  authentic  coj  °f  the 
proceedings  touching  said  adoption  and  r;fication 
by  said  state  of  said  provisional  constitute  upon 
the  receipt  whereof,  the  President,  by  probation, 
shall  announce  the  fact;  whereupon,  and  vhout  any 
further  proceedings  upon  the  part  of  Cong-48?  the  ad- 
mission of  said  State  of  Missouri  into  this  ofederacy, 
under  said    constitution  for  the    provisia*  govern- 
ment of  the  Confederate  States,  shall  beasidered  as 
complete ;  and  the  laws  of  this  ConfedlcJ  shall  be 
thereby  extended  over  said  State  of  M°uri  as  fully 


MILITARY    LAWS.  157 

and  completely  as  over  other  states  now  composing 
the  same. 

461.  That  the  Congress  of  the  Confederate  States  Ibid>  §?•. 

°  Be  cognition 

recognize  the  government  of  which  Claiborne  F.  Jack-  of  thegov- 

°  °  eminent  of 

son  is  the  chief  magistrate  to  be  the  lea-ally  elected  the  people 

f  »     ,  n       and  State  of 

and  regularly  constituted  government  of  the  people  Missouri. 
and  State  of  Missouri,  and  that  the  President  of  the 
Confederate  States  be  and  he  is  hereby  empowered,  at 
his  discretion,  at  any  time  prior  to  the  admission  of 
the  said  state  as  a  member  of  this  Confederacy,  to 
perfect  and  proclaim  an  alliance,  offensive  and  defen-  Alliance, 
sive,  with  the  said  government,  limited  to  the  period 
of  the  existing  war  between  this  Confederacy  and  the 
United  States — the  said  treaty  or  alliance  to  be  in 
force  from  the  date  thereof,  and  until  the  same  shall 
be  disaffirmed  or  rejected  by  this  Congress. 

462.  That  the  State  of  Missouri  be  and  is  hereby  Nov.28,i86i 

J     ch.  1. 

admitted  as  a  member  of  the  Confederate  States  of  Missouri  ad- 

,  mitted. 

America,  upon  an  equal  footing  with  the  other  states 
of  the  Confederacy,  under  the  constitution  of  the 
provisional  government  of  the  same. 

463.  In  case  the  State  of  Missouri  shall  adopt  and  Nov.M,i86i 

x  g  1,  ch.  2. 

ratifv  the    constitution    for  the   permanent    govern-  Krsteiec- 

"  l  o  t10n  for 

ment  of  the  Confederate  States  of  America,  the  time  Representa- 
tives to 
for  holding  in  said  state  the  first  election  for  members  Congress. 

of  the  House  of  Eepresentatives,  in  the  Congress  of 
said  Confederate  States,  under  said  constitution,  shall 
be  such  as  may  be  designated  by  the  legislature  of 
said  state ;  which  election  shall  be  conducted,  in  all 
respects,  according  to  said  constitution  and  the  law 
of  said  state,  then  in  force  for  that  purpose;  and  if 
no  provision  by  law  shall  have  been  made  for  such 
election,  then  according  to  the  laws  heretofore  exist- 
ing therein  for  the  election  of  members  of  the  House 
of  Eepresentatives  in  the  Congress  of  the  United 
States. 

464.  The  State  of  Missouri  shall  be  entitled  to  elect  ibid,  g  2. 

Number 

thirteen  members  to  the  House  of  Eepresentatives,  entitled  to. 
the  same  being  upon  the   basis  of  one    member  for 
eveiy  ninety  thousand  representative  population,  and 
one  additional  member  for  a  fraction  over  one-half  of 


158  DIGEST    OF 

the  ratio  aforesaid,  under  the  census  of  the  United 
States  taken  in  eighteen  hundred  and  sixty,  and  being 
the  same  basis  of  representation  fixed  for  the  seven 
original   states   in    said    constitution   for   permanent 
government. 
ScK.62       465-  [That  the  President  be  and  is  hereby  author- 
«ai0anden*     ^ze<^  to  nominate,  and,  by  and  with  the  advice  and  con- 
gengerai8rfor    sent  °^  Congress,  to  appoint  and  commission,  in  the 
beeraued8in°  Provisional  Army  of  the  Confederate  States,  one  ma- 
Missouri,      jor-general  and  such   brigadier-generals  to  the  com- 
mand of  troops,  now  and  hereafter  to  be  raised  and 
organized  for  the  Provisional  Army  in  the  State  of 
Missouri,  as  he  may  think  proper, 
ibid,  \  2.  4(>g    ^q  officers  appointed  under  the  provisions  of 

this  act  shall  be  entitled  to  receive  pay  from  the  date 
staff.  of  their  respective  appointments,  and  shall  be  allowed 

Dnt-V-  the  usual  staff  appropriate  to  their  rank ;  and  shall  be 

assigned  to  the  duty  of  raising  and  organizing  Con- 
federate forces  in  said  state,  with  the  view  of  putting 
them  and  their  respective  commands  in  the  field  at 
the  earliest  practicable  period. 

Act  to  take        467.  This  act  to  take  effect  from  and  after  its  pas- 
effect.  ni 
sage.]* 

ch.8-i. '  468.  That  an  act  entitled  "  An  act  to  provide  for 

actPfor  rais-    raising  and  organizing,  in  the  State  of  Missouri,  addi- 
MfssourE8m  tional  troops  for  the  Provisional  Army  of  the  Con- 
federate States,"   endorsed,  "passed  January  ninth, 
eighteen  hundred  and  sixty -two"  [465],  be  and  the 
same  is  hereby  repealed. 
§i?'ch.'56.  "      469.  That  the  Secretary  of  the  Treasur}^  is  hereby 
doUarstoTa  directed  to  issue  to  the  State  of  Missouri,  upon  the 
c8ertafn°con-  application  of  the  fund  commissioners  for  said  state, 
one  million  dollars  in  treasury  notes,  upon  the  condi- 
tion that  the  said  State  of  Missouri  deposit  with  the 
Secretary  of  the  Treasury  of  the  Confederate  States 
an  equal  sum  in  the  bonds  of  the  State  of  Missouri, 
authorized  to  be  issued  under  an  act  of  the  legisla- 


*  The  foregoing  act,  presented  to  the  President  on  the  9th  of  January,  1862,  > 
not  approved  by  him,  nor  returned  to  the  Congress  within  ten  days  (Sundays  i 
cepted)  after  being  presented  to  him;  it  therefore  became  a  law  on  the  22d  Jar 
ary,  1862.  but  was  repealed.     See  37.3. 


MILITARY    LAWS.  159 

ture  of  said  state,  entitled  "  An  act  to  provide  for  the 
defence  of  said  state,  and  for  other  purposes,"  which 
bonds  shall  be  held  by  the  Secretary  of  the  Treasury 
until  the  accounts  of  the  State  of  Missouri  for  ad- 
vances made  for  military  purposes  are  adjusted,  as 
Congress  may  direct. 

470.  That  upon  the  final  adjustment  of  the  accounts  iwa,  §2. 

r  J  To  be  de- 

of  the  State  of  Missouri  against  the  Confederate  States,  ducted  from 

amount  due. 

the  sum  hereby  advanced  shall  be  deducted  from  the 
amount  found  due  to  said  state. 

471.  The  sum  hereby  appropriated  shall  be  applied  g»»M 3- 
by  the  State  of  Missouri  to  the  payment  of  troops  in  applied, 
the  service  of  the  said  state  prior  to  their  muster  into 

the  Confederate  service. 

472.  That  the  Secretary  of  the  Treasury  is  hereby  reb.15,1862 
directed  to  issue  to  the  State  of  Missouri,  upon  the  one  million 

.      .  „  dollars  to  be 

application  of  the  fund  commissioners  for  said  state,  issued  on 

.,,.,,,.  ,.      certain  con- 

one  million  dollars  in  treasury  notes,  upon  the  condi-  ditions. 
tion  that  the  said  State  of  Missouri  deposit  with  the 
Secretary  of  the  Treasury  of  the  Confederate  States 
an  equal  sum  in  the  bonds  of  the  State  of  Missouri, 
authorized  to  be  issued  under  an  act  of  the  legislature 
of  said  state,  entitled  "An  act  to  provide  for  the  de- 
fence of  the  State  of  Missouri,  and  for  other  purposes," 
which  bonds  shall  be  held  by  the  Secretary  of  the 
Treasury  until  the  accounts  of  the  State  of  Missouri 
for  the  advances  made  for  military  purposes  are  ad- 
justed, as  Congress  may  direct. 

473.  That  upon  the  final  adjustment  of  the  accounts  ™be^de- 
of  the   State  of  Missouri   against    the    Confederate  ducted  from 

o  amount  due. 

States,  the  sum  hereby  advanced  shall  be  deducted 
from  the  amount  found  due  to  said  state. 

47  i.  That  the  Secretary  of  the  Treasury  be  author-  M.9,1863 
ized  to  issue  to  the  State  of  Missouri  the  sum  of  one  *m™°t 
million  of  dollars,  authorized  by  an  act  entitled  "  An  ^y^oT1 
act  for  the  relief  of  the  State  of  Missouri,"  approved  igg2"ary27, 
the  twenty-seventh  of  January,  eighteen  hundred  and 
sixty-two  [469],  upon  the  authorized  agent  or  agents 
of  said  state  first  filing  with  said  secretary  the  sum 
of  four  hundred  and  ninety-one  thousand  five  hundred 
dollars,  in  bonds  of  said  State  of  Missouri,  as  provided 


160 


DIGEST    OF 


Sept.  23.1862 
§1,  ch.  7. 
Pay  of 
officers  and 
soldiers  en- 
rolled under 
command  of 
Major-Gen'l 
Price. 


Ibid,  £  2. 
Pay  of 
officers  and 
soldiers  of 
Missouri 
State  Guard. 


Ibid,  §  3. 
Conditions 
of  payment. 


in  said  act,  and  executing  a  receipt  for  the  remainder 
of  such  advance,  conditioned  for  the  filing  of  the  re- 
mainder of  said  amount  in  bonds  of  the  State  of  Mis- 
souri, whenever  the  same  can  be  conveniently  done  : 
Provided,  Such  remainder  in  bonds  shall  be  filed  with 
said  secretary  within  six  months  after  the  passage  of 
this  act. 

475.  That  all  officers  and  soldiers  belonging  to  the 
Confederate  States  service  who  were  enrolled  into 
said  service  under  the  command  of  Major-General 
Sterling  Price,  in  the  State  of  Missouri,  shall  be  allow- 
ed by  the  quartermasters  of  the  respective  corps  in 
the  Confederate  Army  to  which  such  officers  and  sol- 
diers may  belong,  compensation  according  to  the  laws 
of  the  Confedei-ate  States  for  that  period  of  their  ser- 
vice between  the  time  of  such  troops  having  been  ac- 
tually enrolled  in  the  Confederate  service  and  the 
time  of  their  regular  acceptance  by  the  proper  author- 
ities as  Confederate  troops. 

476.  All  officers  and  soldiers  of  the  Missouri  State 
Guard,  called  into  the  service  of  the  Confederate  States 
by  the  order  of  any  commanding  officer  of  the  Con- 
federate Army,  and  rendering  service  to  the  Confeder- 
ate States  under  any  agreement  made  between  the 
authorities  of  the  State  of  Missouri  and  those  of  the 
Confederate  States,  shall  receive  the  same  pay  for  the 
time  during  which  such  officers  and  soldiers  may  have 
been  in  such  service  as  they  would  have  been  entitled 
to  receive  if  belonging  to  the  Confederate  Army : 
Provided,  however,  That  all  staff  officers  belonging  to 
said  Missouri  State  Guard  shall  only  receive  for  their 
services  the  same  compensation  with  staff  officers  dis- 
charging like  duties  in  the  Confederate  Army. 

477.  Before  any  officer  or  soldier  shall  be  entitled  to 
receive  pay  under  the  provisions  of  the  two  preceding 
sections,  he  shall  present  to  the  officer  to  whom  he 
may  apply  for  payment,  a  certificate  signed  by  the 
commandant  of  the  division,  brigade,  regiment,  or 
battalion  to  which  he  may  have  belonged  at  the  time 
of  the  rendition  of  service,  which  certificate  shall 
state  the  precise  period  during  which  such  officer  or 


MILITARY    LAWS.  161 

soldier  was  in  actual  service,  as  contemplated  in  the 
first  and  second  sections  of  this  act :  And  provided, 
further,  That  the  said  officer  or  soldier  shall  file  with 
the  disbursing  officer  with  whom  his  application  for 
payment  may  be  made  his  affidavit  that  the  period 
stated  in  said  certificate  is  the  true  and  correct  time 
of  his  actual  service  as  aforesaid,  and  that  he  is  not 
indebted  to  the  Confederate  States  on  any  account 
whatever;  and  thereupon  it  shall  be  the  duty  of  any 
officer  charged  with  the  payment  of  troops  to  pay 
such  claim. 

478.  That  the  sum  of  seventy -five  thousand  dollars  April  16, 

ii-ii  -i  ^  .        1863,  ch.  31. 

be  and  is  hereby  appropriated  out  of  any  money  in  Appropria- 

m  i  -i  i       tion  for  cer- 

the  Treasury  not  otherwise  appropriated,  to  pay  the  tain  officers 

officers  and  men  of  the  Missouri  State  Guard  (after  the  Missouri 

their  transfer  to  the  Confederate  States)   who,  from 

imprisonment,  absence,  and  other  accidental  causes, 

have  not  received  their  pay,  under  such  rules  and 

regulations  as  the  Secretaiy  of  War  may  prescribe. 


XL-NATURALIZATION. 

479.  Protection  of  aliens   while  in  military  service.     Right  to  become 

naturalized.     Oath. 

480.  Who  may  administer  oath.     Blank  forms  of  oath.     Soldiers  to  be 

informed  of  this  act.     Oaths  to  be  filed  and  recorded. 

479.  That  every  person  not  a  citizen  of  one  of  the  Aug.  22, 

1  Qcrt      ft  1 

Confederate  States  engaged  in  the  military  service  of  ch.3'7.  ' 
the  said  Confederate  States  during  the  existing  war  of  aliens 
against  the  United  States  of  America,  shall  thereby,  military  ser- 
and  whilst  in  such  service,  be  under  the  protection  of  vice' 
the  Confederate  States  as  fully  as  if  he  were  a  citizen 
thereof,  the  rights  of  a  citizen  being  to  such  extent 
hereby  conferred,  and  moreover  shall  have  the  right  Right  to 
to  become  naturalized,  and  to  become  a  citizen  of  any  uraiized. 
one  of  the  Confederate  States,  and  shall  thereby  be 
entitled  to  all  the  rights  and  privileges  of  a  citizen  of 
said  state  of  the  Confederate  States,  upon  taking  an  oath, 
oath  to  support  the  constitution  of  such  state,  and  well 
11 


162  DIGEST    OF 

and  faithfully  to  serve  the  Confederate  States  of 
America,  to  maintain  and  support  the  constitution 
and  laws  thereof,  and  to  renounce  all  allegiance  and 
obedience  to  any  foreign  government,  state,  sovereign- 
ty, prince,  or  potentate,  and  particularly,  by  name,  the 
government,  state,  sovereignty,  prince,  or  potentate  of 
which  he  may  be,  or  have  been,  a  citizen  or  subject, 
and  stating  which  one  of  the  Confederate  States  he 
intends  to  become  a  citizen  of;  but  if  the  state  in 
which  the  said  applicant  shall  have  resided  next  be- 
fore his  application  shall  afterwards  become  a  member 
of  this  Confederacy,  the  citizenship  of  said  applicant 
shall  remain  in  said  state  at  his  election,  notwithstand- 
ing proceedings  under  this  act. 
ibid,  §2.  480.  The  oath  prescribed  in  the  preceding  section 

Who  may  r  re 

administer     may  be  made  by  all  persons  below  the  rank  of  colonel, 

the  oath.  J  J  I  > 

before  the  colonel  or  commanding  officer  of  the  regi- 
ment to  which  such  persons  may  be  attached ;  and 
said  oath  may  be  made  by  colonels,  and  all  officers 
superior  in  rank  to  colonels,  and  by  all  persons  enlist- 
ed in  the  military  service  of  the  Confederate  States 
not  attached  to  regiments,  before  any  commissioned 
officer  of  the  Confederate  States  of  rank  higher  than 
<?foathforms  that  of  colonel.  And  it  shall  be  the  duty  of  the  Sec- 
retary of  War  to  provide  blank  forms  of  the  oath  re- 
quired to  be  taken  as  aforesaid,  and  to  cause  the  same 
to  be  distributed  whenever  necessary,  and  to  make 
be'informed  tue  regulations  necessary  for  informing  all  persons 
of  this  act.  now  engageci  [n  the  military  service  of  the  Confeder- 
ate States  of  the  provisions  of  this  act,  and  to  cause 
all  the  oaths  so  taken  as  aforesaid  to  be  returned  to 
o^hs  to  be  the  War  department:  And  it  shall  be  further  the  duty 
recorded.  0f  tne  Secretary  of  War  to  file  for  record,  in  the  dis- 
trict court  of  the  Confederate  States  for  the  state  and 
district  where  the  capital  may  be  situated,  all  the 
oaths  so  returned  to  the  War  department  as  afore- 
said. And  it  shall  be  the  duty  of  the  clerk  of  said 
district  court  to  record  all  oaths  of  naturalization  filed 
with  him  as  aforesaid,  and  to  keep  an  index  of  the 
same ;  for  which  service  he  shall  be  entitled  to  a  fee 
of  twenty-five  cents  for  each  naturalization  oath,  to 


MILITARY    LAWS.  103 

be  paid  out  of  the  public  treasury  in  the  same  manner 
as  his  other  fees  of  office. 


XII.-NITRE  AND  MINING  BUREAU. 

481.  Corps  pf  officers  for  the  working  of  nitre  caves,  etc. 

482.  Their   duties.     Superintendent   to   make   reports.     Organization. 

How  long  to  continue. 

483.  Nitre  bureau  established. 

484.  Duties  and  expenditures.     Powers  of  superintendent  as  to  con- 

tracts, etc. 

485.  Officers  of  the  Nitre  bureau. 

486.  Appointment  of  officers  during  recess  of  tbe  Senate. 

481.  That  for  the  purpose  of  procuring  a  supply  of  April  n. 
nitre,  adequate  to  the  wants  of  the  government  dur-  cn.lk 

•  i  •  n     i  -li         T-r     •         i  c~\  Corps  01  Om- 

ing  the  continuance  oi  the  war  with  the  United  States,  cersfortne 
the  President  be  and  he  is  hereby  authorized  to  ap-  nitre  caves, 
point  a  corps  of  officers,  consisting  of  one  superintend- 
ent, with  the  rank,  pay,  and  allowances  of  a  major  of 
artillery,  four  assistants,  with  the  rank,  pay,  and  al- 
lowances of  a  captain  of  artilleiy,  eight  subordinates, 
with  the  rank,  pay,  and  allowances  of  first  lieutenants 
of  artillery. 

482.  The  duties  of  the  officers,  under  the  supervision  ibid,  g  2. 
of  the  Chief  of  Ordnance,  shall  be  to  inaugurate  and 
prosecute  a  system  for  the  efficient  working  of  the 
nitre  caves,  and  to  purchase  and  contract  for  the  de- 
livery of  nitre  produced  within  the  limits  of  the  Con- 
federate States;  to  inspect  the  nitre  caves  and  other 
natural  deposits  of  nitriferous  earth,  and  to  report  the 
probable  annual  supply  from  these  sources,  and  the 
extent  and  economy,  or  otherwise,  with  which  they 

are  now  being  worked  by  private  enterprise ;  to  estab- 
lish nitre  beds  in  the  vicinity  of  the  principal  cities 
and  towns  of  the  Confederacy,  and  to  contract  for  the 
necessary  grounds,  sheds,  etc.,  and  for  the  offal  and 
other  materials  used  in  the  preparation  of  nitre  beds; 
to  diffuse  information  and  to  stimulate  enterprise  in 
the  production  of  an  article  essential  to  the  successful 
prosecution    of    the    war.      The   superintendent   will  ?upfri°" 

x  r  tendent  to 

make  reports,  at  stated  periods,  to  the  Chief  of  Ord-  make 

x  '  L  '  reports. 


164 


DIGEST    OF 


Organiza- 
tion ;  how 
long  to 
continue. 
April  22, 
1863, 1 1, 
ch.  35. 
Nitre 
bureau  es- 
tablished. 


Ibid,  I  2. 
Duties  and 
expendi- 
tures. 


Powers  of 
superintend- 
ent as  to 
contracts, 
etc. 


Ibid,  g  3. 
Officers  of 
the  Nitre 
bureau. 


May  1, 1863 
g  1,  ch.  87. 
Appoint- 
ment of  offi- 
cers during 
recess  of 
Senate. 


nance,  to  be  submitted  to  the  Secretary  of  "War  for 
the  information  of  Congress.  This  organization  to  be 
continued  at  the  discretion  of  the  President. 

483.  That  the  officers  authorized  and  appointed  un- 
der the  act  entitled  "An  act  for  the  organization  of  a 
corps  of  officers  for  the  working  of  nitre  caves,  etc./' 
passed  the  eleventh  of  April,  one  thousand  eight  hun- 
dred and  sixty-two  [481],  together  with  such  addi- 
tional officers  as  are  authorized  by  the  provisions  of 
this  act,  shall  constitute  an  independent  bureau  of  the 
War  department,  to  be  entitled  "the  Nitre  and  Mining 
bureau." 

484.  That  said  bureau  shall  have  charge  of  all  the 
duties  prescribed  in  the  second  section  of  said  act,  and 
shall,  besides,  be  charged  with  all  duties  and  expendi- 
tures connected  with  the  mining  of  iron,  copper,  lead, 
coal,  etc.,  so  far  as  it  shall  be  deemed  necessary  to 
supply  the  military  necessities  of  the  country;  and 
the  superintendent  thereof  shall,  under  the  Secretary 
of  War,  have  full  power  to  make  such  leases  of  real 
estate  and  purchases  of  fixtures  as  are  necessary  or 
appurtenant  to  any  mines  it  may  deem  expedient  to 
open  or  work  on  government  account ;  and  may  also 
contract,  subject  to  the  approval  of  the  Secretary  of 
War,  for  such  supplies,  by  purchase  or  otherwise,  of 
all  copper,  lead,  iron,  coal,  zinc,  and  such  other  miner- 
als as  may  be  required  for  the  prosecution  of  the  war. 

485.  That  said  bureau  shall  consist  of  one  lieuten- 
ant-colonel as  superintendent,  three  majors  as  assist- 
ant superintendents,  six  captains  and  ten  lieutenants, 
in  which  shall  be  included  the  officers  of  the  present 
nitre  corps,  who  shall  have  the  same  pay  and  allow- 
ances prescribed  for  officers  of  cavalry  [71]  of  the 
same  grades. 

486.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint  officers  in  the  Nitre  bureau  and  in  the 
engineer  troops  during  the  recess  of  the  Senate,  to  be 
confirmed  by  the  Senate  at  its  next  session,  and  the 
commissions  of  the  officers  so  appointed  shall  expire 
at  the  end  of  the  next  session  of  the  Senate,  unless 
the  same  be  confirmed. 


MILITARY    LAWS. 


165 


XIII.-NORTH  CAROLINA. 

487.  First  regiment  of  North  Carolina  Volunteers  received  into  Con- 

federate States  service  for  six  months. 

488.  Cadets  of  the  North  Carolina  Institute. 

489.  "  Lumberton  Guards." 

490.  Payment  of  North  Carolina  troops. 

487.  That  the  President  be  and  he  is  hereby  author-  ^l/|0' 1861 
ized  to  receive  and  muster  into  the  service  of  the  1!t1j;esjmen1t 

of  N.  C.  vol- 

Confederate  States  of  America,  the  First  Kegiment  of  unteers  re- 

'  °  ceived  into 

North  Carolina  Volunteers,  now  stationed  at  York-  c.  s.  service 

'  for  six 

town,  for  the  term  of  six  months  from  the  time  they  months, 
were  sworn  in  and  mustered  into  the  service  of  North 
Carolina,  and  to  discharge  them  after  the  expiration 
of  that  period ;  said  period  to  commence  at  the  time 
the  first  company  of  said  regiment  was  mustered  into 
the  service  of  North  Carolina. 

488.  That  the  cadets  from  the  North  Carolina  In-  gSit 
stitute,  at  Charlotte,  who  may  have  been  acting  with  i^t^u£; 
said  regiment,  be  mustered  into  service  in  the  same 
manner  as  the  residue  of  the  regiment,  and  recognized 

as  part  thereof,  with  the  pay  of  privates. 

489.  Whereas,  it  appears  that  the  company  of  volun-  ^'l'1861 
teers  known  as  Company  D,  of  the  second  regiment  '^^8^toa 
of  North  Carolina  Volunteers,  now  serving  at  Sewell's  (?°i5pany 

'  P  D,  2d  regi- 

Point,  in  Virginia  (having  been  organized  prior  to  the  ment  *■ c- 
admission  of  the  State  of  North  Carolina  into   the 
Confederacy),   was    enlisted    for    the   period   of   six 
months  only,  and  has  been  erroneously  enrolled  for 
the  period  of  twelve  months  : 

Resolved,  by  the  Congress  of  the  Confederate  States  of  T° be  d™- 
America,  That  the  President  be  and  he  is  hereby  when, 
authorized  to  discharge  the  said  company  at  the  expi- 
ration of  six  months  from  the  period  when  they  were 
sworn  in  and  mustered  into  the  service  of  North 
Carolina,  according  to  the  terms  of  their  enlistment 
as  aforesaid. 

490.  That  the  troops  heretofore  raised  by  the  State  May,  1863 
of  North  Carolina,  and  afterwards  received  into  the  Payment  of 

N.  C.  troops. 

service  of  the  Confederate  States  by  the  Confederate 
States,  shall  be  paid  from  the  date  of  their  enlist- 
ment. 


160 


DIGEST    OF 


XIV.-PRESIDENT. 


Feb.  28, 1864 
gl,  ch.22. 
To  assume 
control  of 
military 
operations. 


Aug.  21, 1861 
I  4,  ch.  34. 
Personal 
staff. 


Dec.  7,  1861 
ch.  4. 
Officer  to 
sign  com- 
missions in 
the  army. 

April  2. 1862 
ch.  14. 
Personal 
staff 
increased. 


March  16, 
1861,  ch.  60. 
Empowered 
to  make  ap- 
pointments 
during  re- 
cess of  Con- 


March  16, 
1861,  ch.  69. 
Construc- 
of  the  fore- 
going act. 


491.  To  assume  control  of  military  operations. 

492.  Personal  staff. 

493.  Officer  to  sign  commissions  in  the  army. 

494.  Personal  staff  increased. 

495.  Empowered  to  make  appointments  during  recess  of  Congress. 

496.  Construction  of  the  foregoing  act. 

497.  Certain  appointments  to  be  continued. 

498.  Idem. 

499.  Authority  to  make  appointments. 

491.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  to  enable  the  Government  of  the 
Confederate  States  to  maintain  its  jurisdiction  over 
all  questions  of  peace  and  war,  and  to  provide  for  the 
public  defence,  the  President  be  and  he  is  herebj'- 
authorized  and  directed  to  assume  control  of  all  mili- 
tary operations  in  every  state,  having  reference  to  or 
connection  with  questions  between  said  states,  or  any 
of  them,  and  powers  foreign  to  them. 

492.  That  during  the  existing  war  the  President 
may,  as  commander-in-chief  of  the  forces,  appoint,  at 
his  discretion,  for  his  personal  staff,  two  aides-de-camp 
[494],  with  the  rank,  pay,  and  allowances  of  a  colonel 
of  cavalry. 

493.  That  the  President  be  and  he  is  hereby  author- 
ized to  delegate  power  to  one  or  more  officers,  to  be 
selected  by  him,  to  affix  the  signature  of  the  Presi- 
dent to  commissions  in  the  army. 

494.  That  during  the  existing  war  the  President 
ma}7,  as  commander-in-chief  of  the  forces,  appoint,  at 
his  discretion,  for  his  personal  staff,  four  aides-de-camp 
[492],  in  addition  to  the  number  now  allowed  by  law, 
with  the  rank,  pay,  and  allowances  of  a  colonel  of 
cavalry. 

495.  That  during  the  recess  of  this  Congress  the 
President  shall  have  power  to  make  appointments  of 
such  inferior  officers  as  by  the  Constitution  of  this 
Provisional  Government  the  Congress  has  authority 
to  vest  in  him  alone,  anything  in  any  law  heretofore 
passed  to  the  contrary  notwithstanding. 

496.  That  the  act  described  in  the  caption  hereof 
[495]  shall  be  held  and  construed  to  authorize  the 
President  to  appoint,  during  the  recess  of  Congress. 


MILITARY    LAWS.  167 

all  officers,  civil,  military,  and  naval,  established  by 
law :  Provided,  Such  appointments  shall  be  submitted 
to  the  Congress  when  it  reassembles,  for  its  advice 
and  consent. 

497.  That  the  President  be  authorized  to  continue  Mayi6,i86i 

ch.  23. 

the  appointments  made  by  him  in  the  military  and  certain  ap- 

x  J  r*  pointments 

naval  service  during:  the  recess  of  Congress  or  the  tobecon- 

°  °  tinued. 

present  session,  and  to  submit  them  to  Congress  at 
its  next  session. 

498.  That  the  President  be  authorized  to  continue  Sept.  3,  i86i 

ch.  1. 
the  appointments  made  by  him  in  the  military  and  idem. 

naval  service,  during  the   recesses  of   Congress,    or 

during  the  last  or  present  session,  and  to  submit  them 

to  Congress  at  the  commencement  of  its  next  session. 

499.  That  the  President  be  and  he  is  hereby  author-  0ct.i3, 1862 

J  ch.  53. 

ized  to  fill,  by  appointment,  all  ofiices  created,  and  all  Authorityto 
vacancies  which  may  have  occurred,  during  the  pres-  pointments. 
ent  session  of  Congress :  Provided,  That  said  appoint- 
ments shall,  at  the  next  session  of  Congress,  be  sub- 
mitted to  the  Senate  for  its  advice  and  consent :  And 
provided,  further,  That  said  appointments  shall  expire 
unless  confirmed  during  the  next  session  of  the  Sen- 
ate. 


XV -PRISONERS  OF  WAR. 

[See  "  Retaliation"  508  et  seq.~] 

500.  Preamble.     Retaliation  authorized. 

501.  Aid  in  money. 

502.  Transfer  by  the  captors.     Safe  custody  and  sustenance.    Rations. 

503.  Commissary-General  to  provide  sustenance. 

500.  Whereas  the  Government  of  the  United  States  Aug.30,i8ei 
has  placed  in  irons  and  lodged  in  dungeons  citizens  of  Preamble, 
the  Confederate  States  acting  under  the  authority  of 
letters  of  marque,  issued  in  accordance  with  the  laws 
of  the  Confederate  States,  by  the  President  thereof, 
and  have  otherwise  maltreated  the  same,  and  have 
seized  and  confined  sundry  other  citizens  of  the  said 
Confederate  States,  in  violation  of  all  principles  of 
humane  and  civilized  warfare:  Therefore, 


168 


DIGEST    OF 


Retaliation 
authorized. 


March  25, 
1862,  Res.  5. 
Aid  in 
money. 


May  21, 1861 
g  1,  ch.  59. 
Transfer  by 
the  captors. 


Safe  custody 
and  suste- 
nance. 


Rations. 


Feb.  17, 1864 
ch.  47. 
Commissary 
General  to 
provide  sus- 
tenance. 


Be  it  enacted  by  the  Congress  of  the  Confederate  States 
of  America.  That  the  President  be  and  he  is  hereby 
authorized  to  select  such  prisoners  taken  from  the 
United  States,  and  in  such  numbers  as  he  may  deem 
expedient,  upon  the  persons  of  whom  he  may  inflict 
such  retaliation,  in  such  measure  and  kind,  as  may 
seem  to  him  just  and  proper. 

501.  That  the  Secretary  of  War  be  authorized  to 
apply,  out  of  the  contingent  fund  of  the  War  depart- 
ment, such  sums  of  money,  from  time  to  time,  as,  in 
his  judgment,  may  be  necessary  for  the  aid  of  prison- 
ers of  war  in  the  hands  of  the  enemy  :  Provided,  That 
all  sums  paid  any  prisoner,  or  expended  for  him,  shall 
be  charged  to  his  account. 

502.  That  all  prisoners  of  war  taken,  whether  on 
land  or  at  sea,  during  the  pending  hostilities  with  the 
United  States,  shall  be  transferred  by  the  captors, 
from  time  to  time  and  as  often  as  convenient,  to  the 
Department  of  War;  and  it  shall  be  the  duty  of  the 
Secretary  of  War,  with  the  approval  of  the  President, 
to  issue  such  instructions  to  the  Quartermaster-Gen- 
eral [503]  and  his  subordinates  as  shall  provide  for 
the  safe  custody  and  sustenance  of  prisoners  of  war; 
and  the  rations  furnished  prisoners  of  war  shall  be 
the  same  in  quantity  and  quality  as  those  furnished 
to  enlisted  men  in  the  Army  of  the  Confederacy. 

503.  That  so  much  of  the  act  of  Congress,  passed 
May  the  twenty-first,  eighteen  hundred  and  sixty- 
one  [502],  as  makes  it  the  duty  of  the  Quartermaster- 
General,  under  instructions  issued  hy  the  War  depart- 
ment, to  provide  for  the  sustenance  of  prisoners  of 
war,  is  hereby  repealed,  and  hereafter  that  that  duty 
shall  devolve  on  the  Commissary-General  of  Subsist- 
ence, and  be  discharged  by  him,  subject  to  the  provi- 
sions of  the  act  referred  to. 


MILITARY    LAWS.  169 

XVI.-PRODUCTION  OF  PROVISIONS. 

504.  Preamble.     Recommending  the  production  of  provisions. 

505.  President  requested  to  issue  a  proclamation. 

504.  Whereas  a  strong  impression  prevails  through  Afr"e^21863 
the  country  that  the  war  now  being  waged  against  Preamble, 
the  people  of  the  Confederate  States  may  terminate 
during  the  present  year ;  and  whereas  this  impression 

is  leading  many  patriotic  citizens  to  engage  largely 
in  the  production  of  cotton  and  tobacco,  which  they 
would  not  otherwise  do ;  and  whereas,  in  the  opinion 
of  Congress,  it  is  of  the  utmost  importance,  not  only 
with  a  view  to  the  proper  subsistence  of  our  armies, 
but  for  the  interest  and  welfare  of  all  the  people,  that 
the  agricultural  labor  of  the  country  should  be  em- 
ployed chiefly  in  the  production  of  a  supply  of  food  to 
meet  every  contingency  :  Therefore, 

Resolved,  by  the  Congress  of  the  Confederate  States  of  Recom- 
America,  That  it  is  the  deliberate  judgment  of  Con-  production 

.  of  provi  - 

gress  that  the  people  of  these  states,  while  hoping  sions. 
for  peace,  should  look  to  prolonged  war  as  the  only 
condition  proffered  by  the  enemy  short  of  subjuga- 
tion ;  that  every  preparation  necessary  to  encounter 
such  a  war  should  be  persisted  in;  and  that  the 
amplest  supply  of  provisions  for  armies  and  people 
should  be  the  first  object  of  all  agriculturalists;  where- 
fore it  is  earnestly  recommended  that  the  people, 
instead  of  planting  cotton  and  tobacco,  shall  direct 
their  agricultural  labor  mainly  to  the  production  of 
such  crops  as  will  ensure  a  sufficiency  of  food  for  all 
classes  and  for  every  emergency,  thereby,  with  true 
patriotism,  subordinating  the  hope  of  gain  to  the  cer- 
tain good  of  the  country. 

505.  That  the  President  is  hereby  requested  to  issue  ibw,j2. 

^  x  President 

a  proclamation  to  the  people  of  these  states,  urging  requested  to 

*  .  issue  a  proc- 

upon   them    the   necessity  of  guarding   against    the  lamation. 
great  perils  of  a  short  crop  of  provisions,  and  setting 
forth  such  reasons  therefor  as  his  judgment  may  dic- 
tate. 


170 


DIGEST    OF 


March  17, 
1862, 1 1,  ch. 
5.    Cotton, 
tobacco,  etc.. 
may  be 
destroyed ; 
when. 


Ibid,  ?  2. 
Perpetua- 
tion of  testi- 
mony. 


Indemnity 
out  of  se- 
questration 
fund. 


XVII.-PROPERTY  DESTROYED. 

506.  Cotton,  tobacco,  etc.,  may  be  destroyed  ;  when. 

507.  Perpetuation  of  testimony.     Indemnity  out  of  sequestration  fund. 

506.  That  the  military  authorities  of  the  Confeder- 
ate Army  are  hereby  authorized  and  directed  to 
destroy  cotton,  tobacco,  military  and  naval  stores,  or 
other  property  of  any  kind  whatever,  which  may  aid 
the  enemy  in  the  prosecution  of  the  war,  when  neces- 
sary to  prevent  the  same,  or  any  part  thereof,  from 
falling  into  the  hands  of  the  enemy. 

507.  That  the  owners  of  property  destroyed  under 
the  operation  of  this  act,  as  well  as  those  persons 
who  shall  voluntarily  destroy  their  property  to  pre- 
vent the  same  from  falling  into  the  hands  of  the  ene- 
nry,  are  hereby  authorized  to  perpetuate  the  testimo- 
ny of  such  destruction,  in  the  manner  prescribed  by 
an  act  of  ths  Provisional  Congress,  entitled  "An  act 
to  perpetuate  the  testimony  in  cases  of  slaves  abduct- 
ed or  harbored  by  the  enemy,  and  of  other  propertj^ 
seized,  wasted,  or  destroyed  by  them,"  approved 
thirtieth  August,  eighteen  hundred  and  sixty-one;* 
and  such  owners  and  persons  shall  be  entitled  to 
indemnity  out  of  the  proceeds  of  property  sequester- 
ed and  confiscated  under  the  laws  of  the  Confederate 
States,  in  ,such  manner  as  Congress  may  hereafter 
provide. 


XVUI.-RETALIATION. 

\_See  "Prisoners  of  War,"  500  et  seq.] 

508.  Captives  ought  to  be  dealt  with  by  the  Confederate  government. 

509.  Acts  of  United  States  authorities  in  regard  to  slaves. 

510.  Violation  by  the  enemy  of  the  usages  of  war. 

511.  Officers  of  the  enemy  commanding  negroes;  how  punished. 

512.  Punishment  for  exciting  servile  insurrection. 

513.  Trial  of  offenders. 

514.  Negroes  engaged  in  war  to  be  delivered  to  state  authorities  wher 

captured. 

Mayi-1863        508.  Resolved,  by  the  Congress  of  the  Confederate  States 
captives       0f  America,  in  response  to  the  message  of  the  Presi- 

ought  to  be       J  '  l  ° 


*  See  Appendix. 


MILITARY    LAWS.  1?  I 

dent,  transmitted  to  Congress  at  the  commencement  jjJeatheCon- 
of  the  present  session,  that,  in  the  opinion  of  Con-  fe0dveerr^ent 
gress,  the  commissioned  officers  of  the  enemy  ought 
not  to  be  delivered  to  the  authorities  of  the  respective 
states,  as  suggested  in  the  said  message,  but  all  cap- 
tives taken  by  the  Confederate  forces  ought  to  be 
dealt  with  and  disposed  of  by  the  Confederate  gov- 
ernment. 

509.  That,  in  the  judgment  of  Congress,  the  proc-  *bitdg'Jf2^  g 
lamations   of    the    President   of    the    United   States  authorities 

in  regard  to 

dated  respectively  September  twenty-second,  eighteen  slaves. 
hundred  and  sixty-two,  and  January  first,  eighteen 
hundred  and  sixty-three,  and  the  other  measures  of 
the  Government  of  the  United  States  and  of  its 
authorities,  commanders,  and  forces,  designed  or  tend- 
ing to  emancipate  slaves  in  the  Confederate  States,  or 
to  abduct  such  slaves,  or  to  incite  them  to  insurrec- 
tion, or  to  employ  negroes  in  war  against  the  Con- 
federate States,  or  to  overthrow  the  institution  of 
African  slavery,  and  bring  on  a  servile  war  in  these 
states,  would,  if  successful,  produce  atrocious  conse- 
quences, and  they  are  inconsistent  with  the  spirit  of 
those  usages  which  in  modern  warfare  prevail  among 
civilized  nations;  they  may,  therefore,  be  properly 
and  lawfully  repressed  by  retaliation. 

510.  That  in  every  case  wherein,  during;  the  present  ibid,f  s. 

J  'tor  Violation  by 

war,  any  violation  of  the  laws  or  usages  of  war  among  the  enemy 

00    of  the  usages 

civilized  nations  shall  be,  or  has  been  done  and  perpe-  of  war. 
trated  by  those  acting  under  the  authoi'ity  of  the 
Government  of  the  United  States  on  the  persons  or 
property  of  citizens  of  the  Confederate  States,  or  of 
those  under  the  protection,  or  in  the  land  or  naval 
service  of  the  Confederate  States,  or  of  any  state  of 
the  Confederacy,  the  President  of  the  Confederate 
States  is  hereby  authorized  to  cause  fall  and  ample 
retaliation  to  be  made  for  every  such  violation,  in  such 
manner  and  to  such  extent  as  he  may  think  proper. 

511.  That  every  white  person,  being  a  commissioned  Si*3'?4- 
officer,  or  acting  as  such,  who,  during;  the  present  the  enemy 

°  '  '  °  ■  command- 

War,  shall  command  negroes   or   mulattoes   in    arms  ing negroes; 

°  how  pun- 

agamst  the  Confederate  States,  or  who  shall  arm,  ished. 


172 


DIGEST    OF 


Ibid,  ?  5. 
Punishment 
for  exciting 
servile  in- 
surrection. 


Ibid,  §  6. 
Trial  of 
offenders. 


Ibid,  I  7. 
Negroes  en- 


war  to  be 
delivered  to 
state  author- 
ities when 
captured. 


train,  organize,  or  prepare  negroes  or  mulattoes  for 
military  service  against  the  Confederate  States,  or 
who  shall  voluntarily  aid  negroes  or  mulattoes  in  any 
military  enterprise,  attack,  or  conflict  in  such  ser- 
vice, shall  be  deemed  as  inciting  servile  insurrection, 
and  shall,  if  captured,  be  put  to  death,  or  be  other- 
wise punished,  at  the  discretion  of  the  court. 

512.  Every  person,  being  a  commissioned  officer,  or 
acting  as  such,  in  the  service  of  the  enemy,  who  shall, 
during  the  present  war,  excite,  attempt  to  excite,  or 
cause  to  be  excited,  a  servile  insurrection,  or  who 
shall  incite,  or  cause  to  be  incited,  a  slave  to  rebel, 
shall,  if  captured,  be  put  to  death,  or  be  otherwise 
punished  at  the  discretion  of  the  court. 

518.  Every  person  charged  with  an  offence  punish- 
able under  the  preceding  resolutions  shall,  during  the 
present  war,  be  tried  before  the  military  court  attach- 
ed to  the  army  or  corps  by  the  troops  of  which  he 
shall  have  been  captured,  or  by  such  other  military 
court  as  the  President  may  direct,  and  in  such  man- 
ner and  under  such  regulations  as  the  President  shall 
prescribe,  and,  after  conviction,  the  President  may 
commute  the  punishment  in  such  manner  and  on  such 
terms  as  he  may  deem  proper. 

514.  All  negroes  and  mulattoes  who  shall  be  en- 
gaged in  war,  or  be  taken  in  arms  against  the  Con- 
federate States,  or  shall  give  aid  or  comfort  to  the 
enemies  of  the  Confederate  States,  shall,  when  cap- 
tured in  the  Confederate  States,  be  delivered  to  the 
authorities  of  the  state  or  states  in  which  they  shall 
be  captured,  to  be  dealt  with  according  to  the  present 
or  future  laws  of  such  state  or  states. 


XIX-SLAVES: 


515.  Disposition  of  slaves  when  arrested  or  captured. 

516.  Depots  for  recaptured  slaves. 

517.  Lists  of  such  slaves  to  be  advertised. 

518.  Employment  and  removal  of  such  slaves. 


*  See  "Impressments,"  436.437.  438.    See  also  "Employment  of  Negroes,  178. 
179. 


MILITARY    LAWS.  173 

519.  To  be  restored  to  their  owners. 

520.  Register  to  be  kept  of  slaves  employed  in  the  army  or  navy. 

521.  Subsistence  and  regulations. 

522.  Captured  slaves  of  hostile  Indians :  how  to  be  disposed  of. 

523.  Duties  of  Superintendent  of  Indian  Affairs  with  regard  thereto. 

524.  Facts  to  be  reported  to  the  Commissioner  of  Indian  Affairs. 

515.  That  every  person  connected  with  the  army  or  Oct.  13. ,1862 

navy  of  the  Confederate  States,  arresting  or  coming  Disposition 

into   possession  of  any  slave,   by  capture   from   the  wnenarrest- 

1  "j  '     J        *  ed  or  cap- 

enemy,  or  otherwise  than  by  lawful  authority,  shall  tured. 

immediately  report  the  same  to  the  commanding  offi- 
cer of  the  post,  or  brigade,  or  station  to  which  he  may 
be  attached.  The  said  commanding  officer  shall,  with 
as  little  delay  as  practicable,  send  the  slaves  so  re- 
ported to  the  nearest  depot  described  in  the  next  sec- 
tion, with  a  register  of  the  place  and  date  of  their 
arrest :  Provided,  however,  That  the  said  slaves,  or  any 
of  them,  may  at  once  be  delivered  to  their  respective 
owners,  if  claim  is  made  and  established  on  satisfactory 
evidence. 

516.  The  Secretary  of  War  shall  establish  depots  ibid,  §2. 

.  Depots  for 

for  recaptured  slaves  at  convenient  places,  not  more  recaptured 


than  five  in  number  in  each  state,  and  all  slaves  cap- 
tured in  such  state  shall  be  kept  in  such  depots. 
Public  notice  shall  be  given  of  the  places  so  selected. 

517.  Lists  of  the  slaves  in  each  of  such  depots,  show-  ibid,  §3. 
ing  the  name  and  color  of  such  slaves,  the  place  and  siaves°to  t>e 
time  of  their  arrest,  and  the  names  of  their  owners,  advertised- 
as  given  by  themselves  or  otherwise  ascertained,  shall 

be  regularly  advertised  in  each  state,  in  one  or  more 
newspapers  of  general  circulation. 

518.  While  such  slaves  are  in  depot,  they  may  be  ibid,  g  4. 

Employ- 
employed,  under  proper  guard,  on  public  works  ;  but  ment  and 

no  slave  shall  be  removed  from  the  depot  to  which  such  slaves. 
they  are  first  carried  for  at  least  one  month  after  the 
first  advertisement  of  his  being  there,  nor  then,  unless 
an  exact  register  is  made  of  the  removal,  and  due  ad- 
vertisement made  in  the  newspapers  as  aforesaid. 

519.  Free  access  shall  be  permitted  to  all  persons  ibid, §5. 
desiring  to  inspect  the  said  slaves  for  the  purpose  of  ed  to  t^dr r" 
identifying  them  and  establishing  ownership,  and,  upon   owners- 


174 


DIGEST    OF 


Ibid,  §  6. 
Register  to 
be  kept  of 


employed  in 
the  army  or 
navy. 


Ibid.  §7. 
Subsistence 
and  regula- 
tions. 


Feb.  17, 1862 
1 1,  ch.  87. 
Captured 
slaves  of 
hostile  In- 
dians ;  how 
to  be  dispos- 
ed of. 


Ibid.  I  2. 
Duties  of 
superintend- 
ent of  In- 
dian Affairs 
with  regard 
thereto. 


Ibid,  §3. 
Facts  to  be 
reported  to 
the  Commis- 
sioner of  In- 
dian Affairs. 


due  proof,  they  shall  be  immediately  restored  to  the 
persons  claiming  them. 

520.  It  shall  further  be  the  duty  of  the  Secretary  of 
War  to  require  the  names  of  all  slaves  in  the  employ- 
ment of  an  officer  or  soldier  of  the  Confederate  Army 
or  Navy,  with  the  names  and  residence  of  their  own- 
ers, and  of  the  person  by  Avhom  hired  out,  and  of  the 
officer  or  soldier  hiring,  to  be  reported  to  his  depart- 
ment, and  a  full  register  thereof  to  be  kept  for  public 
inspection. 

521.  The  President  shall  prescribe  regulations  for 
carrying  this  act  into  effect,  and  provide  for  the  sub- 
sistence of  said  slaves  while  in  such  depots. 

522.  That  all  negroes  who  are  slaves,  belonging  to 
hostile  Indians  who  are  members  or  citizens  of  any 
one  of  the  tribes  of  Indians  friendly  to  this  govern- 
ment, and  who  have  been,  or  may  hereafter  be,  cap- 
tured by  troops  or  persons  in  the  service  of  the  Con- 
federate States,  shall  be  delivered  to  the  Superintend- 
ent of  Indian  Affairs  west  of  Arkansas. 

523.  That  said  superintendent  shall  carefully  inform 
himself  of  the  persons  and  tribes  to  whom  each  negro 
belongs,  and  shall  promptly  notify  the  executive,  or 
head  chief  of  the  proper  tribe  or  tribes,  to  receive  the 
same,  at  some  convenient  place,  and  shall  deliver  said 
negro  or  negroes  to  said  executive  or  head  chief  of  said 
friendly  tribe  or  tribes,  as  captured  property,  to  be  held 
by  said  tribe  or  tribes  until  such  provisions  and  orders 
shall  be  made  by  this  government  as  shall  seem  just 
and  wise,  and  shall  take  receipts  for  the  same. 

524.  That  the  said  superintendent  shall,  at  or  before 
the  time  of  such  delivery,  make  out  a  record,  showing 
the  name  and  age  and  value  of  each  slave  received  by 
him,  and  shall  report  the  same,  and  the  fact  of  such 
delivery,  or  other  disposition  of  each  of  said  negroes, 
to  the  Commissioner  of  Indian  Affairs,  together  with 
all  the  facts  of  time,  place,  and  circumstances  of  the 
capture,  and  by  whom  captured  ;  but  in  no  case  shall 
any  free  negro  who  is  so  captured  be  given  up  by 
virtue  of  this  act. 


MILITARY    LAWS. 


175 


XX.-SOUTH  CAROLINA. 

625.  Appropriation  for  support  of  provisional  troops  at  Charleston. 

526.  For  support  of  additional  troops. 

527.  Expenditures  by  the  State  of  South  Carolina  for  troops  employed 

in  defence  of  Charleston  harbor,  to  be  provided  for. 

528.  Appropriation  for  claims  of  the  state. 

525.  The  Congress  of  the  Confederate  States  of  America  March  n, 
do  enact,  That  the  following  appropriations  be  made  ch.  37.*' 

,  .    .  ,  11      ,     •  Appropria- 

for  the  support  of  the •  provisional  troops  called  into  tionforsup- 
•    ■,  „  , ,   ,  r.    1  .     port  of  pro- 

service  by  the  act  aforesaid  :j  pay  01  the  troops,  six  visional 

hundred  and  fifty-eight  thousand  six  hundred  and  Charleston, 
eighty  dollars.  Forage  for  officers'  horses  and  quar- 
termaster's animals  and  cavalry  horses,  twenty  thou- 
sand six  hundred  and  sixty-two  dollars.  Subsistence 
for  troops,  two  hundred  and  seventy  thousand  dollars. 
Clothing  for  the  troops,  two  hundred  thousand  dollars. 
Camp  and  garrison  equipage,  eighteen  thousand  two 
hundred  and  sixty-seven  dollars  and  seventy-two  cents. 
Supplies  for  the  quartermaster's  dejmrtment,  seventy- 
six  thousand  one  hundred  and  sixty  dollars.  Fuel  for 
troops  and  hospitals,  fifty-nine  thousand  nine  hundred 
and  ninety-seven  dollars.  Medical  and  hospital  de- 
partment, twenty  thousand  dollars 

526.  That  the  additional  sum  of  eight  hundred  and  ibid,  §2. 
sixty  thousand  two  hundred  and  twenty-eight  dollars  of  additional 
and  forty-five  cents  is  hereby  appropriated  for  the    r°°ps- 
support  of  two  thousand  additional  troops,  to  be  called 

into  the  service  of  the  Confederate  States  for  twelve 
months,  at  Charleston,  South  Carolina,  whenever,  in 
the  discretion  of  the  President,  their  services  may  be 
required. 

527.  That  the  expenditures  made  by  the  State  of  Mayio,is6i 
South  Carolina  for  the  pay  and  maintenance  of  the  Expendi- 
troops  employed  in  the  defence  of  the  Charleston  har-  state  of 
bor,  under  the  command  of  Brigadier-General  Beau-  linafor  ai°" 
regard,  were  intended   to  be  provided  for  by  an  act  pioyedi™ 

defence  of 

Charleston 
*  Title  :  An  act  making  appropriations  for  the  support  of  three  thousand  men    harbor  to  be 

for  twelve  months,  to  be  called  into  service  at  Charleston.  South  Carolina,  under    provided  for. 
the  third  and  fourth  sections  [84,  85]  of  an  act  of  the  Congress  "  To  raise  pro- 
visional forces  for  the  Confederate  States  of  America,  and  for  other  purposes." 

t  An  act  to  raise  provisional  forces  for  the  Confederate  States  of  America,  and  for 
other  purposos  [84,  86]. 


176 


DIGEST    OF 


[525]  making  appropriations  for  the  support  of  three 

thousand  men,  for  twelve  months,  to  be  called  into 

service  at  Charleston,  South  Carolina,  imder  the  third 

and  fourth  sections  [84,  85]  of  an  act  of  the  Congress 

to  raise  provisional  forces  for  the  Confederate  States 

of  America,  and   for   other  purposes ;   and  that  the 

amount  of  such  expenditures  be  audited  by  the  proper 

officer  of   the   Treasury   department,   and   that   the 

amount  which  shall  be  found  due  be  paid  to  the  State 

of  South   Carolina  from  the  appropriation  made  by 

the  act  aforesaid. 

Resis4'1861       528-  That  the  8um  of  two  hundred  and  fifty  thou- 

«onforFia     sand  dollars  be  and  is  hereby  appropriated,  as  an  ad- 

ciaimsofthe  Vance  on  account  of  any  claims  of  the  State  of  South 

state.  J 

Carolina  upon  the  Confederate  States;  and  that  the 
same  be  paid  to  such  person  as  may  be  authorized  by 
the  Legislature  of  South  Carolina  to  receive  the  same. 


XXI.-TAXES. 

I. — Tax  in  kind.     Act  of  April  24,  1863. 

529.  What  each  farmer  and  planter  may  reserve.     Tax  on  remainder. 

530.  Commutation  for  sweet  potatoes. 

531.  Tobacco  to  be  collected  by  agents  appointed  by  Secretary  of  the 

Treasury. 

532.  How  and  when  to  be  delivered. 

533.  Qualities  of  tobacco. 

534.  Repeal  of  conflicting  laws. 

535.  When  cotton,  etc.,  has  been  destroyed,  tax  to  be  refunded. 

536.  Remission  of  tax  in  proportion  to  loss. 

537.  Slaughtered  hogs.     Cattle,  horses,  etc. 

538.  Equivalent  for  bacon  to  be  delivered  in  salt  pork. 

539.  Post  quartermasters.  Collection  and  distribution  of  articles. 

540.  Duration  of  the  act. 

II. — Tax  in  kind.     Act  op  February  17,  1864. 

541.  What  each  farmer  may  reserve.      Tax  on  remainder.     Persons 

exempt. 

542.  Slaughtered  hogs.     Cattle,  horses,  mules,  etc. 

543.  Post  quartermasters.     Collection  and  distribution  of  articles. 
544-  Assessors ;  their  appointment,  duties,  etc. 

545.  Duration  of  the  act. 

III. — Exemptions  from  taxation. 

546.  Salaries  of  persons  in  military  or  naval  service. 

547.  Daily  wages  of  detailed  soldiers. 

548.  Salaries  of  persons  in  military  or  naval  service. 

549.  Property  of  certain  persons  of  a  specified  value. 


MILITARY    LAWS.  17? 

I.  Tax  in  kind.     Act  of  April  24,  1863. 
529.  Each  farmer  and  planter  in  the  Confederate  April  24, 

T  OfSO        3  "11 

States,  after  reserving  for  his  own  use  fifty  bushels  of  ch.38. 

What  each 

sweet  potatoes  and  fifty  bushels  of  Irish  potatoes,  farmer  and 
one  hundred  bushels  of  the  corn,  or  fifty  bushels  of  reserve. may 
the  wheat  produced  in  the  present  year,  shall  pay  and  matador.6 
deliver  to  the  Confederate  government,  of  the  pro- 
ducts of  the  present  year,  one-tenth  of  the  wheat, 
corn,  oats,  rye,  buckwheat,  or  rice,  sweet  [530]  and 
Irish  potatoes,  and  of  the  cui*ed  hay  and  fodder; 
also,  one-tenth  of  the  sugar,  molasses  made  of  cane, 
cotton,  wool,  and  tobacco;  the  cotton  ginned  and 
packed  in  some  secure  manner,  and  tobacco  shipped 
and  packed  in  boxes,  to  be  delivered  by  him  on  or 
before  the  first  day  of  March  in  the  next  year.  Each 
farmer  or  planter,  after  reserving  twenty  bushels  of 
peas  or  beans,  but  not  more  than  twenty  bushels  of 
both,  for  his  own  use,  shall  deliver  to  the  Confederate 
government,  for  its  use,  one-tenth  of  the  peas,  beans, 
and  ground-peas  produced  and  gathered  by  him  dur- 
ing the  present  year.  As  soon  as  the  aforesaid  crops 
are  made  ready  for  market,  the  tax-assessor,  in  case 
of  disagreement  between  him  and  the  tax-payer, 
shall  proceed  to  estimate  the  same  in  the  following 
manner :  The  assessor  and  the  tax-payer  shall  each 
select  a  disinterested  freeholder  from  the  vicinage, 
who  may  call  in  a  third  in  case  of  a  difference  of 
opinion,  to  settle  the  matter  in  dispute;  or  if  the  tax- 
payer neglects  or  refuses  to  select  one  such  freeholder, 
the  said  assessor  shall  select  two,  who  shall  proceed 
to  assess  the  crops  as  herein  provided.  They  shall 
ascertain  the  amount  of  the  crops  either  by  actual 
measurement  or  by  computing  the  contents  of  the 
rooms  or  houses  in  which  they  are  held,  when  a  cor- 
rect computation  is  practicable  by  such  a  method,  and 
the  appraisers  shall  then  estimate,  under  oath,  the 
quantity  and  quality  of  said  crops,  including  what 
may  have  been  sold  or  consumed  by  the  producer 
prior  to  said  estimate,  whether  gathered  or  not,  and 
the  value  of  the  portion  thereof  to  which  the  govern- 
12 


178 


DIGEST    OF 


Articles, 
when  and 
how  to  be 
delivered. 


Collector 
to  issue 
warrant  of 
distress  in 
case  of  de- 
fault. 


Fees 
allowed. 


merit  is  entitled,  and  shall  give  a  written  statement 
of  this  estimate  to  the  said  collector  and  a  copy  of 
the  same  to  the  producer.  The  said  producer  shall 
be  required  to  deliver  the  wheat,  corn,  oats,  rye, 
buckwheat,  rice,  peas,  beans,  cured  hay  and  fodder, 
sugar,  molasses  of  cane,  wool,  and  tobacco,  thus  to  be 
paid  as  a  tithe  in  kind,  in  such  form  and  ordinary 
marketable  condition  as  may  be  usual  in  the  section 
in  which  they  are  to  be  delivered,  and  the  cotton  in 
such  manner  as  hereinbefore  provided,  within  two 
months  from  the  time  they  have  been  estimated  as 
aforesaid,  at  some  depot  not  more  than  eight  miles 
from  the  place  of  production,  and  if  not  delivered  by 
that  time,  in  such  order,  he  shall  be  liable  to  pay  fifty 
per  cent,  more  than  the  estimated  value  of  the  por- 
tion aforesaid,  to  be  collected  by  the  tax-collector  as 
hereinafter  prescribed  :  Provided,  The  government 
shall  be  bound  to  furnish  to  the  producer  sacks  for 
the  delivery  of  such  articles  of  grain  as  require  to  be 
put  in  sacks  for  transportation,  and  shall  allow  to  the 
producer  of  molasses  the  cost  of  the  barrels  contain- 
ing the  same.  The  said  estimate  shall  be  conclusive 
evidence  of  the  amount  in  money  of  tax  due  by  the 
producer  to  the  government,  and  the  collector  is  here- 
by authorized  to  proceed  to  collect  the  same  by  issu- 
ing a  warrant  of  distress  from  his  office,  under  bis 
signature,  in  the  nature  of  a  writ  of  fieri  facias,  and 
by  virtue  of  the  same  to  seize  and  sell  any  pei'sonal 
property  on  the  pi-emises  of  the  tax-payer  or  else- 
where, belonging  to  him,  or  so  much  thereof  as  may 
be  necessary  for  the  purpose  of  paying  the  tax,  and 
the  additional  fifty  per  cent,  aforesaid  and  costs;  an 
said  sale  shall  be  made  in  the  manner  and  form  an 
after  the  notice  required  by  the  laws  of  the  severa' 
states  for  judicial  sales  of  personal  property,  and  th 
said  warrant  of  distress  may  be  executed  by  the  tax 
collector  or  any  deputy  by  him  appointed  for  tha 
purpose,  and  the  deputy  executing  the  warrant  shal 
be  entitled  to  the  same  fees  as  are  allowed  in  th 
respective  states  to  sheriffs  executing  writs  of  fie 
facias,  said  fees  to  be  paid  as  costs  by  the  tax-payer 


MILITARY    LAWS.  179 

Provided,  That  in  all  cases  where  the  assessor  and  the 
tax-payer  agree  on  the  assessment  of  the  crops,  and 
the  value  of  the  portion  thereof  to  which  the  gov- 
ernment is  entitled,  no  other  assessment  shall  be 
necessary;  but  the  estimate  agreed  on  shall  be  re- 
duced to  writing  and  signed  by  the  assessor  and  tax- 
payer, and  have  the  same  force  and  effect  as  the 
assessment  and  estimate  of  disinterested  freeholders 
hereinbefore  mentioned;  and  two  copies  of  such  as- 
sessment and  estimate,  thus  agreed  on  and  signed  as 
aforesaid,  shall  be  made,  and  one  delivered  to  the  pro- 
ducer and  the  other  to  the  collector:  And  provided,  Assessor  to 

.'.,..„  administer 

further,    That  the  assessor  is  hereby   authorized  to  oaths. 

administer  oaths  to  the  tax-payers  and  to  witnesses 

in  regard  to  any  item  of  the  estimate  herein  required 

to  be  made  :  And  provided,  further,  "When  agricultu-  in  case  tep- 

r  '  J  '  °  ant  pays  his 

ral  produce  in  kind  is  paid  for  taxes,  if  payment  be  rentinkind. 
made  by  a  tenant  who  is  bound  to  pay  his  rent  in 
kind,  the  tenth  part  of  said  rent  in  kind  shall  be  paid 
in  kind  by  the  tenant  to  the  government  as  and  for 
the  tax  of  the  lessor  on  said  rent,  and  the  receipt  of 
the  government  officer  shall  release  the  lessor  from 
all  obligation  to  include  said  rent  in  kind  in  his  state- 
ment of  income,  and  discharge  the  tenant  of  so  much 
of  his  rent  to  the  lessor. 

530.  That  so  much  of  section  eleven  of  "An  act  to  Dec.28,i863 

ch.  1. 

lay  taxes  for  the  common  defence,  and  carry  on  the  Commuta- 

J  '  J  tion  for 

Government  of  the  Confederate  States,"  approved  sweet  pota- 
April  twenty-fourth,  eighteen  hundred  and  sixty-three 
[529],  as  requires  farmers  and  planters  to  pay  one- 
tenth  of  the  sweet  potatoes  produced  in  the  present 
year  to  the  Confederate  government,  be  so  amended 
as  to  authorize  the  producers  of  sweet  potatoes  in  the 
year  eighteen  hundred  and  sixty-three,  to  make  com- 
mutation by  payment  of  the  money  value  of  the  tithe 
thereof,  instead  of  payment  in  kind,  at  rates  to  be  fixed 
by  the  c&mmissioners  under  the  Impressment  act. 

531.  That  the  tax  in  kind  of  one-tenth  imposed  by  gi"^0'"64 
said  act  [529]  upon  all  tobacco  grown  in  the  Confed-  £* c^i^ted 
erate  States,  instead  of  being  collected  by  the  post  £ya?etedb 
quartermaster  [539],  shall  be  collected  by  the  agents  |^*^arry  oT 


180 


DIGEST    OF. 


Ibid,  §  2. 

How  and 
when  to  be 
delivered. 


Ibid.  \  3. 
Qualities  of 
tobacco. 


Ibid,  ?  4. 
Repeal  of 
conflicting 
laws. 

Feb.  13, 1864 
g  1.  ch.  32. 
When  cot- 
ton, etc., 
has  been 
destroyed. 


Tax  to  be 
refunded. 


appointed  by  the  Secretary  of  the  Treasury  to  collect 
and  preserve  tobacco,  and  the  tax-assessor  shall  trans- 
fer their  estimates  of  the  tobacco  due  from  each  plant- 
er or  farmer,  specifying  both  quantity  and  quality, 
to  the  said  agents  or  their  duly  authorized  sub-agents, 
taking  their  receipts  therefor,  and  shall  also  transmit 
a  copy  of  these  estimates  to  the  Chief  of  the  Produce 
Loan  Office,  and  when  said  tobacco  has  been  collected 
the  said  agent  shall  be  liable  for  its  safe  custody. 

532.  That  each  farmer  and  planter,  not  earlier  than 
the  first  day  of  June,  nor  later  than  the  fifteenth  day 
of  July,  shall  deliver  his  tithe  of  tobacco  in  prizing 
order,  put  up  in  convenient  parcels  for  transportation, 
at  the  nearest  prizing  depot,  of  which  there  shall  be 
not  less  than  one  established  in  each  county  by  the 
agents  for  the  collection  and  preservation  of  tobacco, 
where  the  said  tobacco  shall  be  prized,  and  securely 
packed  in  hogsheads,  or  other  packages,  suitable  for 
market,  by  said  agents. 

533.  That  the  tax-assessor  shall  require  a  statement 
from  each  farmer  or  planter  as  to  the  different  quali- 
ties of  tobacco  raised  by  "him,  and  shall  assess,  as  due 
the  Confederate  States,  one-tenth  of  each  of  said  quali- 
ties, which  shall  be  stated  separately  in  his  estimates, 
and  shall  be  delivered  separately  by  the  farmer  or 
planter  at  the  prizing  depots. 

534.  All  acts  and  parts  of  acts  inconsistent  with  the 
foregoing,  are  hereby  repealed. 

535.  That  when  cotton  or  other  property  subject  to 
taxation  in  money,  shall  have  been  burned  or  other- 
wise destroyed,  by  authority  of  the  government,  be- 
fore the  expiration  of  the  time  fixed  by  law  for  the 
payment  of  the  tax  thereon,  the  tax-payer  may  apply 
to  the  district  collector,  who  shall  investigate  the  facts 
and  make  report  thereof  to  the  state  collector,  who 
may,  if  satisfied  of  such  destruction  by  government 
authority,  remit  the  said  tax.  If  the  tax  in  Tany  such 
case  shall  have  been  paid  in  advance,  it  shall  be  re- 
funded by  the  state  collector.  The  tax-payer  shall,  in 
every  such  case,  have  the  right  of  appeal  to  the  Sec- 
retary of  the  Treasury. 


MILITARY    LAWS.  l!Sl 

536.  That  in  all  cases  where  the  crop  out  of  which  ^J^^ 
the  tax  in  kind  is  to  be  paid  has  been  taken  or  de-  tax m pro- 

1  portion  to 

stroyed  by  the  enemy,  the  district  collector  may  remit  loss- 
the  tax,  in  whole  or  in  part,  according  to  the  extent 
of  the  loss  sustained  by  the  tax-payer  :  Provided,  That 
the  facts  in  each  case  shall  be  reported  to  the  tax-col- 
lector, and  the  remission  shall  not  be  valid  until  ap- 
proved by  him:  And  provided, further,  That  in  case 
the  loss  be  sustained  prior  to  assessment,  the  assessor, 
on  satisfactory  proof  thereof,  may  make  deduction 
therefor  in  proportion  to  the  loss. 

537.  That  every  farmer,  planter,  or  grazier  shall  ^T^?\ 
exhibit  to  the  assessor,  on  or  about  the  first  of  March,  ch.38. 

7  Slaughtered 

eighteen  hundred  and  sixty-four,  an  account  of  all  the  nogs. 

hogs  he  may  have  slaughtered  since  the  passage  of 

this  act  and  before  that  time;  after  the  delivery  of 

this  estimate  to  the  post   quartermaster   hereinafter 

mentioned  by  the  assessor,  the  said  farmer,  planter,  or 

grazier  shall  deliver  an  equivalent  for  one-tenth  of  the  Equivalent 
°  ■  x  for  one- 

same  in  cured  bacon  r538],  at  the  rate  of  sixty  pounds  tenth  to  be 

L.  *    r  delivered  in 

of  bacon  to  the  one  hundred  weight  of  pork.     That  bacon. 

°  Estimate  of 

on  the  first  of  November  next,  and  each  year  there-  cattle, 

horses,  etc. 

after,  an  estimate  shall  be  made,  as  hereinbefore  pro- 
vided, of  the  value  of  all  neat  cattle,  horses,  mules  not 
used  in  cultivation,  and  asses,  owned  by  each  person  in 
the  Confederate  States,  and  upon  such  value  the  said 
owners  shall  be  taxed  one  per  cent.,  to  be  paid  on  or 
before  the  first  day  of  January  next  ensuing.  If  the 
grazier,  or  planter,  or  farmer  shall  have  sold  beeves 
since  the  passage  of  this  act,  and  prior  to  the  first  day 
of  November,  the  gross  proceeds  of  such  sales  shall  be 
estimated  and  taxed  as  income,  after  deducting  there- 
from the  money  actually  paid  for  the  purchase  of  such 
beeves,  if  they  have  been  actually  purchased,  and  the 
value  of  the  corn  consumed  by  them.  The  estimate  Referees. 
of  these  items  shall  be  made  in  cases  of  disagreement 
between  the  assessor  and  tax-payer  as  herein  pre- 
scribed in  other  cases  of  income  tax;  and  on  each 
succeeding  first  day  of  November  the  beeves  sold 
during  the  preceding  twelve  months  shall  be  estimated 
and  taxed  in  the  same  manner. 


182  DIGKST    OF 

Dec.  28,1863       538.  That  assistant  quartermasters  and  other  agents 
Equivalent    engaged  in  the  collection  of  tax  in  kind  may  be  au- 

for  bacon  to         &    &  J 

be  delivered  thorized,  under  orders  and  regulations  made  by  the 

in  salt  pork.  °  ' 

Secretary  of  War,  to  demand  and  receive,  in  commu- 
tation for  the  tax  in  kind  on  bacon  [537],  an  equiva- 
lent therefor  in  salt  pork. 

ti&iit  539,  That  the  Secretar7  of  War  sha11  divide  the 

ch.38.  service  of  the  Quartermaster's  department  into  two 

termasters.  branches — one  herein  denominated  post  quartermas- 
ters, for  the  collection  of  the  articles  paid  for  taxes  in 
kind,  and  the  other  for  distribution  to  the  proper 
points  for  supplying  the  army,  and  for  delivering  cot- 
ton and  tobacco  [531]  to  the  agents  of  the  Secretary 
of  the  Treasury.  The  tax-assessor  shall  transfer  the 
estimate  of  articles  due  from  each  person,  by  way  of  a 
tax  in  kind,  to  the  duly  authorized  post  quartermas- 
ter, taking  from  the  said  quartermaster  a  receipt, 
which  shall  be  filed  as  a  voucher  with  the  chief  collec- 
tor in  settling  his  account,  and  a  copy  of  this  receipt 
shall  be  furnished  by  the  chief  collector  to  the  auditor 
settling  the  post  quartermaster's  account  as  a  charge 
articles.01101  against  him.  The  post  quartermaster  receiving  the 
estimate  shall  collect  from  the  tax-payer  the  articles 
which  it  specifies,  and  which  he  is  bound  to  pay  and 
deliver  as  a  tax  to  the  Confederate  government.  The 
post  quartermaster  shall  be  liable  for  the  safe  custody 
of  the  articles  placed  in  his  care,  and  shall  account  for 
the  same  by  showing  that,  after  proper  deductions 
from  unavoidable  loss,  the  residue  has  been  delivered 
to  the  distributing  agents,  as  evidenced  by  their  re- 
ceipts. The  said  post  quartermaster  shall  also  state 
the  accounts  of  the  quartermasters  receiving  from 
him  the  articles  delivered  in  payment  of  taxes  in  kind 
at  his  depot,  and  make  a  monthly  report  of  the  same 
to  such  officer  as  the  Secretary  of  War  may  designate : 
Provided,  That  in  case  the  post  quartermaster  shall  be 
unable  to  collect  the  tax  in  kind  specified  in  the  esti- 
mate delivered  to  him  as  aforesaid,  he  shall  deliver  to 
the  district  tax-collector  said  estimate  as  a  basis  for 
the  distress  warrant  authorized  to  be  issued,  and  take 
a  receipt  therefor,  and  forward  the  same  to  the  chief 


MILITARY    LAWS.  IStt 

tax-collector  as  a  credit  in  the  statement  of  the  ac- 
counts of  said  post  quartermaster:  Provided,  That 
any  partial  payment  of  said  tax  in  kind  shall  be  en- 
dorsed on  said  estimate  before  delivering  the  same  to 
the  district  tax-collector  as  aforesaid,  and  the  receipt 
given  to  him  therefor  by  the  district  tax-collector 
shall  specify  said  partial  payment.  When  the  articles  Distribution 
thus  collected  through  the  payment  of  taxes  in  kind 
have  been  received  at  the  depot  as  aforesaid,  they 
shall  be  distributed  to  the  agents  of  the  Secretary  of 
the  Treasmy,  if  they  consist  of  cotton,  wool,  or  tobac- 
co, or  if  they  be  suitable  for  forage  or  subsistence,  to 
such  places  and  in  such  manner  as  the  Secretary  of 
"War  may  prescribe.  Should  the  Secretary  of  War 
find  that  some  of  the  agricultural  produce  thus  paid 
in  and  suitable  for  forage  and  subsistence  has  been,  or 
will  be,  deposited  in  places  where  it  can  not  be  used 
either  directly  or  indirectly,  for  these  purposes,  he 
shall  cause  the  same  to  be  sold,  in  such  manner  as  he 
may  prescribe,  and  the  proceeds  of  such  sale  shall  be 
paid  into  the  Treasury  of  the  Confederate  States. 
Should,  however,  the  Secretary  of  War  notify  the 
Secretary  of  the  Treasury  that  it  would  be  impracti- 
cable for  him  to  collect  or  use  the  articles  taxed  in 
kind,  or  any  of  them,  to  be  received  in  certain  dis- 
tricts or  localities,  then  the  Secretary  of  the  Treasury 
shall  proceed  to  collect  in  said  districts  or  localities 
the  money  value  of  said  articles  specified  in  said  esti- 
mate and  not  required  in  kind,  and  said  money  value 
shall  be  due  on  the  first  day  of  January  in  each  and 
every  year,  and  be  collected  as  soon  thereafter  as 
practicable. 

540.  This  act  shall  be  in  force  for  two  years  after  *bid>  \ 18-  „ 

J  Duration  of 

the  expiration  of  the  present  year,  and  the  taxes  the  act. 
herein  imposed  for  the  present  year  shall  be  levied 
and  collected  each  year  thereafter  in  the  manner  and 
form  herein  prescribed,  and  for  the  said  time  of  two 
years,  unless  this  act  shall  be  sooner  repealed :  Pro- 
vided, The  tax  on  naval  stores,  flour,  wool,  cotton,  to- 
bacco, and  other  agricultural  products  of  the  growth 
of  any  year  preceding  the  year  eighteen  hundred  and 


181 


muKsn   or 


Teb.  17, 1864 
g  10,  ch.  66. 
What  each 
farmer  may 
reserve. 
Tax  on 
remainder. 


Persons 
exempt. 


sixty-three,  imposed  in  the  first  section  of  this  act, 
shall  be  levied  and  collected  only  for  the  present  year. 

II.  Tax  in  Kind — Act  op  February  17,  1864. 

541.  That  each  farmer  and  planter  in  the  Confeder- 
ate States  shall  pay  and  deliver  to  the  Confederate 
government,  of  the  products  of  the  present  year,  one- 
tenth  of  the  wheat,  corn,  oats,  rye,  buckwheat,  or 
rice,  Irish  potatoes,  and  of  the  cured  hay  and  fodder; 
also  one-tenth  of  the  sugar,  molasses  made  of  cane  or 
of  sorghum,  where  more  than  thirty  gallons  are  made, 
cotton,  wool,  and  tobacco ;  the  cotton  ginned  and 
packed  in  some  secure  manner,  and  tobacco  stripped 
and  packed  in  boxes ;  the  cotton  to  be  delivered  by 
him  on  or  before  the  first  day  of  March,  and  the  to- 
bacco on  or  before  the  first  day  of  July  next  after 
their  production.  Each  farmer  or  planter  shall  deliver 
to  the  Confederate  government,  for  its  use,  one-tenth 
of  the  peas,  beans,  and  ground-peas  produced  and 
gathered  by  him  during  the  present  year.  As  soon  as 
each  of  the  aforesaid  crops  are  made  ready  for  mar- 
ket, the  tax-assessor,  in  case  of  disagreement  between 
him  and  the  tax-payer,  shall  proceed  to  estimate  the 
same  in  the  following  manner:  The  assessor  and  tax- 
payer shall  each  select  a  disinterested  freeholder  from 
the  vicinage,  who  may  call  in  a  third,  in  case  of  a  dif- 
ference of  opinion,  to  settle  the  matter  in  dispute ;  or 
if  the  tax-payer  neglects  or  refuses  to  select  one  such 
freeholder,  the  said  assessor  shall  select  two,  who  shall 
proceed  to  assess  the  crops  as  herein  provided.  They 
shall  ascertain  the  amount  of  the  ci'ops,  either  by  act- 
ual measurement  or  by  computing  the  contents  of 
the  rooms  or  houses  in  which  they  are  held,  when  a 
correct  computation  is  practicable  by  such  a  method, 
and  the  appraisers  shall  then  estimate,  under  oath, 
the  quantity  and  quality  of  said  crops,  including  what 
ma3T  have  been  sold  or  consumed  by  the  producer 
prior  to  said  estimates,  whether  gathered  or  not,  ex- 
cepting from  said  estimates  such  portion  of  said  crops 
as  may  be  necessary  to  raise  and  fatten  the  hogs  of 
such  farmer,  planter,  or  grazier,  for  pork  :  Provided, 


MILITARY     I.AWa. 


186 


That  the  following  persons  shall  be  exempt  from  the 
payment  of  the  tax  in  kind  imposed  by  this  section, 
viz: 

I.  Each  head  of  a  family  not  worth  more  [than]  five 
hundred  dollars. 

II.  Bach  head  of  a  family  with  minor  children,  not 
worth  more  than  five  hundred  dollars  for  himself,  and 
one  hundred  dollars  for  each  minor  living  with  him, 
and  five  hundred  dollars  in  addition  thereto  for  each 
minor  son  he  has  living  or  may  have  lost,  or  had  dis- 
abled in  the  military  or  naval  service. 

III.  Each  officer,  soldier,  or  seaman  in  the  army  or 
navy,  or  who  has  been  discharged  therefrom  for 
wounds,  and  is  not  worth  more  than  one  thousand 
dollars. 

IV.  Each  widow  of  any  officer,  soldier,  or  seaman 
who  has  died  in  the  military  or  naval  service,  the 
widow  not  worth  more  than  one  thousand  dollars : 
Provided,  That  in  all  cases  where  the  farmer  or  planter 
does  not  produce  more  than  fifty  bushels  of  Irish  po- 
tatoes, two  hundred  bushels  of  corn,  or  twenty  bush- 
els of  peas  and  beans,  he  shall  not  be  subject  to  the 
tax  in  kind  on  said  articles,  or  either  of  them;  and 
the  forage  derived  from  the  corn-plant  shall  also  be 
exempt  in  all  cases  where  the  corn  is  not  taxed  in 
kind;  neither  shall  any  farmer  or  planter,  who  does 
not  produce  more  than  ten  pounds  of  wool  or  more 
than  fifteen  pounds  of  ginned  cotton  for  each  member 
of  the  family,  be  subject  to  said  tax  in  kind.  The  tax- 
assessor,  after  allowing  the  exemptions  authorized  in 
this  section,  shall  assess  the  value  of  the  portion  of 
said  crops  to  which  the  government  is  entitled,  and 
shall  give  a  written  statement  of  this  estimate  to  the 
collector,  and  a  copy  of  the  same  to  the  producer. 

The  said  producer  shall  be  required  to  deliver  the  Articles 
Avheat,  corn,  oats,  rye,  buckwheat,  rice,  peas,  beans,  howDtobe 
cured  hay  and  fodder,  sugar,  molasses  of  cane  or  sor-  dellvered- 
ghum,  wool,  thus  to  be  paid  as  a  tithe  in  kind,  after  they 
have  been  estimated  as  aforesaid,  in  such  form  and  or- 
dinary marketable  condition  as  may  be  usual  in  the 
section   in   which   they  are   to   be   delivered,  within 


186  DIGKST    OF 

thirty  days  from  the  date  of  notice  given  by  the  agent 
of  collection  that  he  is  ready  to  receive  such  produce 
(except  cotton  and  tobacco  shall  be  delivered  in  the 
manner  and  at  the  times  hereinbefore  provided)  at 
some  depot  not  more  than  twelve  miles  from  the  place 
of  production;  and  if  not  delivered  by  the  times  and  in 
the  order  stated,  he  shall  be  liable  to  pay  five  times 
the  estimated  value  of  the  portion  aforesaid,  to  be 
collected  b}>"  the  tax-collector  as  hereinafter  prescribed : 
Provided,  The  post  quartermasters  may  direct  such 
delivery  to  be  made  at  any  time  within  five  months 
after  the  date  of  said  estimates,  under  the  sanction  of 
the  penalty  aforesaid,  and  that  producers  shall  be  paid 
the  expenses  of  the  transportation  of  their  tithes  at 
the  usual  rates  of  compensation  paid  by  the  govern- 
ment in  the  state  in  which  the  delivery  is  made.  Such 
delivery,  when  required  to  be  made  of  grain  in  bush- 
els, shall  be  made  in  bushels  according  to  the  govern- 
ment standard  of  weight  per  bushel:  Provided,  That 
the  government  shall  be  bound  to  furnish  to  the  pro- 
ducer sacks  for  the  delivery  of  such  articles  of  grain 
as  require  to  be  put  in  sacks  for  transportation,  and 
shall  allow  to  the  producers  of  molasses  the  cost  of  the 
iwiew™-10  barrels  containing  the  same.  The  said  estimates  shall 
be  conclusive  evidence  of  the  amount  in  money  of  tax 
due  by  the  producer  to  the  government,  and  the  col- 
lector is  hereby  authorized  to  proceed  to  collect  the 
same  by  issuing  a  warrant  of  distress  from  his  office, 
under  his  signature,  in  the  nature  of  a  writ  of  fieri 
jacias,  and  by  virtue  of  the  same  to  seize  and  sell  any 
personal  property  on  the  premises  of  the  tax-payer  or 
elsewhere,  belonging  to  him,  or  so  much  thereof  as 
may  be  necessary  for  the  purpose  of  paying  the  tax 
and  the  increase  aforesaid  and  costs;  and  said  sale 
shall  be  made  in  the  manner  and  form,  and  after  the 
notice  required  by  the  laws  of  the  several  states  for 
judicial  sales  of  personal  property;  and  the  said  war- 
rant of  distress  may  be  executed  by  the  tax-collector 
or  euiy  deputy  appointed  by  him  for  that  purpose,  anc 
the  deputy  executing  the  warrant  shall  be  entitled  tc 
the  same  fees  as  are  allowed  in  the  respective  states 


rant  of  dis- 
tress in  case 
of  default. 


Fees 

allowed 


MILITARY    LAWS.  187 

to  sheriffs  executing  writs  of  fieri  facias;  said  fees  to 

be  j>aid  as  cost,  by  the  tax-payer:  Provided,  That  in  A^et8^r 

all  cases  where  the  assessor  and  tax-payer  agree  on  payer  may 

1     "  °  agree  upon 

the  assessment  of  the  crops,  and  the  value  of  the  por-  assessment. 
tion  thereof  to  which  the  government  is  entitled,  no 
other  assessment  shall  be  necessary ;  but  the  estimate 
agreed  on  shall  be  reduced  to  writing,  and  signed  by 
the  assessor  and  tax-payer,  and  have  the  same  force 
and  effect  as  the  assessment  and  estimate  of  disinter- 
ested freeholders  hereinbefore  mentioned;  and  two 
copies  of  such  assessment  and  estimate,  thus  agreed  on 
and  assigned  as  aforesaid,  shall  be  made,  and  one  de- 
livered to  the  producer,  and  the  other  to  the  collector  : 
And  provided,  further,  That  the  assessor  is  hereby 
authorized  to  administer  oaths  to  the  tax-payer,  and 
to  witness  in  regard  to  any  item  of  the  estimates 
herein  required  to  be  made :  And  provided,  further,  in  case 
When  agricultural  produce  in  kind  is  paid  for  taxes,  if  his  rent  in 
payment  be  made  by  a  tenant  who  is  bound  to  pay 
his  rent  in  kind,  the  tenth  part  of  said  rent  in  kind 
shall  be  paid  in  kind  by  the  tenant  to  the  government, 
as  and  for  the  tax  of  the  lessor  on  said  rent;  and  the 
receipt  of  the  government  officer  shall  release  the 
lessor  from  all  obligations  to  include  such  rent  in  his 
statement  of  income,  and  discharge  the  tenant  from 
so  much  of  his  rent  to  the  lessor. 

h±2.  That  every  farmer,  planter,  or  grazier,  or  other  ibid,  gu. 
person  who  slaughters  hogs,  shall  exhibit  to  the  as-  hog"? 
sessor  on  or  about  the  first  of  March,  1864,  an  account 
of  all   the  hogs  he   may  have  slaughtei'ed  since  the 
passage  of  this  act  and  before  that  time.     After  the 
delivery  of  this  estimate  to  the  post  quartermaster 
hereinafter  mentioned  by  the  assessor,  the  said  farm- 
er, planter,  grazier,  or  other  person   who  slaughters 
hogs,  shall  deliver  an  equivalent  for  one-tenth  of  the 
same  in  cured  bacon,  at  the  rate  of  sixty  pounds  of 
bacon  to  one  hundred  weight  of  pork.     That  on  the  cattle, 
first  of  November,  1863,  and  each  year  thereafter,  an  muTet'oto. 
estimate  shall   be  made,  as  hereinbefore  provided,  of 
the  value  of  all  neat  cattle,  horses,  mules  not  used  in 
cultivation,  and  asses,  owned  by  each  person  in  the 


188 


muEsr  of 


Referees. 


W.hen  per- 
sons not 
subject  to 
bacon  tithe. 


Confederate  States,  and  upon  such  value  the  said 
owner  shall  be  taxed  one  per  centum,  to  be  paid  on 
the  first  day  of  January  next  ensuing.  If  the  grazier, 
planter,  or  farmer  shall  have  sold  beeves  since  the 
passage  of  this  act  and  prior  to  the  first  day  of  No- 
vember, the  gross  proceeds  of  such  sales  shall  be  esti- 
mated and  taxed  as  income,  after  deducting  therefrom 
the  money  actually  paid  for  the  purchase  of  said 
beeves,  if  they  have  been  actually  purchased,  and  the 
value  of  the  corn  or  peas  consumed  by  them.  The 
estimate  of  these  items  shall  be  made,  in  case  of  dis- 
agreement between  the  assessor  and  tax-payer,  as 
herein  provided  in  other  cases  of  income  tax :  Pro- 
vided, That  no  farmer,  planter,  or  grazier,  or  other  per- 
son, who  shall  not  slaughter  more  than  two  hundred 
and  fifty  pounds  of  net  pork  during  any  year,  shall  be 
subject  to  the  bacon  tithe  imposed  by  this  section  j 
and  every  officer,  soldier,  or  seaman  in  the  military 
or  naval  service,  or  who  may  have  been  discharged 
therefrom  on  account  of  wounds  or  physical  disabili- 
ty, and  any  widow  of  such  officer,  soldier,  or  seaman, 
or  any  head  of  a  family  who  does  not  own  more  than 
two  cows  and  calves,  shall  be  exempt  from  the  tax 
imposed  by  this  section  on  neat  cattle. 

543.  That  the  Secretary  of  War  shall  divide  the 
service  of  the  Quartermaster's  department  into  two 
branches — one  herein  denominated  post  quartermas- 
ters, for  the  collection  of  the  articles  paid  for  taxes 
in  kind,  and  the  other  for  distribution  to  the  proper 
points  for  supplying  the  army,  and  for  delivering  cot- 
ton and  tobacco  to  the  agents  of  the  Secretary  of  the 
Treasury.  The  tax-assessor  shall  transfer  the  esti- 
mate of  articles  due  from  each  person  by  way  of  a  tax 
in  kind  to  the  duly  authorized  post  quartermaster, 
taking  from  the  said  quartermaster  a  receipt,  which 
shall  be  filed  as  a  voucher  with  the  chief  collector  in 
settling  his  account,  and  a  copy  of  this  receipt  shall 
be  furnished  by  the  chief  collector  to  the  auditor  set- 
tling the  post  quartermaster's  accounts  as  a  charge 
Collection  of  against  him.  The  post  quartermaster  receiving  the 
estimate  shall  collect  from  the  tax-payer  the  articles 


Ibid,  1 12. 
Post  quar- 
termasters. 


MILITARY.   LAWS.  189 

which  it  specifies,  and  which  he  is  bound  to  pay  and 
deliver  as  a  tax  to  the  Confederate  government.  The 
post  quartermaster  shall  be  liable  for  the  safe  custody 
of  the  articles  placed  in  his  care,  and  shall  account  for 
the  same  by  showing  that,  after  proper  deductions 
from  unavoidable  loss,  the  residue  has  been  delivered 
to  the  distributing  agents,  as  evidenced  by  their  re- 
ceipts. The  said  post  quartermaster  shall  also  state 
the  accounts  of  the  quartermasters  receiving  from  him 
the  articles  delivered  in  payment  of  taxes  in  kind  at 
his  depot,  and  make  a  monthly  report  of  the  same  to 
such  officer  as  the  Secretary  of  War  may  designate  : 
Provided,  That  in  case  the  post  quartermaster  shall  be 
unable  to  collect  the  tax  in  kind  specified  in  the  esti- 
mate delivered  to  him  as  aforesaid,  he  shall  deliver  to 
the  district  tax-collector  said  estimate  as  a  basis  for  the 
distress  warrant  authorized  to  be  issued,  and  take  a  re- 
ceipt therefor,  and  forwai'd  the  same  to  the  chief  tax- 
collector  as  a  credit  in  the  statement  of  the  accounts  of 
said  post  quartermaster:  Provided,  That  any  partial 
payment  of  said  tax  in  kind  shall  be  endorsed  on  said 
estimate  before  delivering  the  same  to  the  district  tax- 
collector  ,as  aforesaid,  and  the  receipt  given  to  him 
therefor  by  the  district  tax-collector  shall  specify  said 
partial  payment.  When  the  articles  thus  collected,  Distribution 
through  the  payment  of  taxes  in  kind,  have  been  re- 
ceived at  the  depot  as  aforesaid,  they  shall  be  distrib- 
uted to  the  agents  of  the  Secretary  of  the  Treasury, 
if  they  consist  of  cotton  or  tobacco,  or  if  they  be 
suitable  for  forage  or  subsistence,  to  such  places  and 
in  such  manner  as  the  Secretary  of  War  may  pre- 
scribe. The  wool  collected  under  this  act  shall  be  re- 
tained by  the  Quartermaster's  department  as  supplies. 
Should  the  Secretary  of  War  find  that  some  of  the 
agricultural  produce  thus  paid  in  and  suitable  for  for- 
age and  subsistence  has  been,  or  will  be,  deposited  in 
places  where  it  can  not  be  used,  either  directly  or  in- 
directly, for  these  purposes,  he  shall  cause  the  same  to 
be  sold  in  such  manner  as  he  may  prescribe,  and  the 
proceeds  of  such  sale  shall  be  paid  into  the  Treasury 
of  the  Confederate  States.     Should,  however,  the  Sec- 


190 


DIGEST    OF 


Ibid,  §  13. 
Assessors; 
their  ap- 
pointment, 
duties,  etc. 


retary  of  War  notify  the  Secretary  of  the  Treasury 
that  it  would  be  impracticable  for  him  to  collect  or 
use  the  articles  taxed  in  kind,  or  any  of  them  to  be  re- 
ceived in  certain  districts  or  localities,  then  the  Sec- 
retary of  the  Treasury  shall  proceed  to  collect  in  said 
district  or  locality  the  money  value  of  said  articles 
specified  in  said  estimate  and  not  required  in  kind, 
and  said  money  value'  shall  be  due  on  the  first  day  of. 
January  in  each  and  every  year,  and  be  collected  as 
soon  thei'eafter  as  practicable;  and  where  in  districts 
heretofore,  or  which  may  hereafter  be  ascertained  to 
be  so  impracticable,  quartermasters  or  commissaries, 
serving  with  troops  in  the  field,  shall  have  collected, 
or  may  hereafter  collect  from  producers,  any  portion 
of  their  tax  in  kind,  the  receipts  of  such  officers  shall 
be  held  good  to  the  producers  against  the  collection 
of  the  money  value  of  their  tax,  to  the  extent  and 
value  of  such  portions  as  may  have  been  or  may  be 
hereafter  collected.  And  where  assessments  in  prac- 
ticable localities  have  been  made  and  transferred  to 
the  post  quartermaster,  and  transportation  is  difficult 
to  be  obtained,  the  supply  of  grain  sacks  insufficient, 
or  the  amount  of  produce  receivable  is  too  small  to 
justify  the  expenses  of  collection,  post  quartermasters, 
with  the  approval  of  the  superior  officers,  shall  be 
authorized  to  transfer  the  estimates  to  district  collec- 
tors, to  be  collected  in  their  money  value  only. 

544.  That  the  assessors  whose  duty  it  is  under  said 
act  [529]  to  estimate  the  taxes  in  kind,  shall  be  ap- 
pointed by  the  Secretary  of  War,  and  their  duties 
shall  be  the  same  and  the  duties  shall  be  executed  in 
the  same  manner  as  is  prescribed  by  sections  ten, 
eleven,  and  twelve  of  this  act,  in  reference  to  the  esti- 
mates and  assessment  of  taxes  in  kind  on  agricultural 
products  and  slaughtered  hogs;  and  there  may  be  one 
assessor  appointed  for  each  practicable  tax  district, 
and  he  shall  take  the  oath  as  assessor  of  taxes  in  kind 
prescribed  by  section  five  of  the  act  for  the  assess- 
ment and  collection  of  taxes,  approved  May  first, 
eighteen  hundred  and  sixty-three,  which  oath  shall  be 
delivered  to  such  officer  as  the  Secretary  of  War  may 


MILITARY    LAWS.  191 

designate.  And  the  assessors  of  taxes  in  kind  shall 
be  separate  and  distinct  from  the  assessors  of  money 
tax,  and  shall  be  subject  to  the  exclusive  direction  and 
control  of  the  War  department,  and  shall  receive  the 
same  compensation,  for  such  time  as  they  may  be  em- 
ployed, as  is  allowed  to  other  agents  of  the  Quarter- 
master's department. 

545.  This  act  shall  be  in  force  for  two  years  after  iwa,  3 is. 

.       ,  Duration  of 

the   expiration  of  the   present   year,  and    the   taxes  the  act. 
herein  imposed  for  the  present  year  whall  be  levied 
and  collected  each  year  thereafter  in  the  manner  and 
form  herein  prescribed,  and  for  the  said  time  of  two 
years,  unless  this  act  shall  be  sooner  repealed. 

III.  Exemptions  prom  Taxation 

546.  That  upon  the  salaries  of  all  salaried  persons  £Pr„i124* 
serving  in  anv  capacity  whatever,  except  upon  the  2  7,  ch.  38. 

&  L  J  ,  .  Salaries  of 

salaries  of  persons  in  the  military  or  naval  service,  persons  in 

,  .      ,,    .        ,        .     .  -i  ,,  ,  n  military  or 

there  shall  be  levied  and  collected  a  tax  of  one  per  naval  ser- 
centum  on  the  gross  amount  of  such  salary,  when  not 
exceeding  fifteen  hundred  dollars,  and  two  per  centum 
upon  any  excess  over  that  amount,  to  be  levied  and 
collected  at  the  end  of  each  year,  in  the  manner  pre- 
scribed for  other  taxes  e/inumerated  in  this  act :  Pro- 
vided, That  no  taxes  shall  be  imposed  by  virtue  of  this 
act  on  the  salary  of  any  person  receiving  a  salary  not 
exceeding  one  thousand  dollars  per  annum,  or  at  a  like 
rate  for  another  period  of  time,  longer  or  shorter.  [See, 
also,  548.] 

547.  That  the  daily  wages  of  detailed  soldiers,  and  |^-17'1864 
other  employees  of  the  government,  are  not  liable  to  DaiJy  ^ases 
taxation  as  income,  although  they  may  amount  in  the  soidior«. 
aggregate  to  the  sum  of  one  thousand  dollars  per  an- 
num. 

548.  That  upon  the  salaries  of  all  salaried  persons  reb.17, 1864 

.  ,  ,        1 6,  ch.  66. 

serving  in  any  capacity  whatever,  except   upon  the  salaries  of 
salaries  of  persons  in  the   military  or  naval  service,  military  or 
there  shall  be  levied  and  collected  a  tax  of  one  per  vice. 
centum  on  the  gross  amount  of  such  salary,  when  not 
exceeding  fifteen  hundred  dollars,  and  two  per  centum 
upon  any  excess  over  that  amount,  to  be  levied  and 


192 


DIGEST    OK 


collected  at  the  end  of  each  year,  in  the  manner  pre- 
scribed for  other  taxes  enumerated  in  this  act :  Pro- 
vided, That  no  taxes  shall  be  imposed  by  virtue  of  this 
act  on  the  salary  of  any  person  receiving  a  salary  not 
exceeding  one  thousand  dollars  per  annum,  or  at  a  like 
rate  for  another  period  of  time,  longer  or  shorter. 

f&ch^'el?64       549.  The  following  exemptions  from  taxation  under 

fertKer-    this  act*  sha11  be  allowed,  to  wit : 

s°ecifllda  *•  ProPerty  °f  ea°h  nead  of  a  family  to  the  value  of 

value.  five  hundred  dollars ;  and  for  each  minor  child  of  the 

family  to  the  further  value  of  one  hundred  dollars ; 
and  for  each  son  actually  engaged  in  the  army  or  navy, 
or  who  has  died  or  been  killed  in  the  military  or  naval 
service,  and  who  was  a  member  of  the  family  when  he 
entered  the  service,  to  the  further  value  of  five  hun- 
dred dollars. 

II.  Property  of  the  widow  of  any  officer,  soldier, 
sailor,  or  marine  who  may  have  died  or  been  killed  in 
the  military  or  naval  service,  or  where  there  is  no 
widow,  then  of  the  family,  being  minor  children,  to 
the  value  of  one  thousand  dollars. 

III.  Property  of  every  officer,  soldier,  sailor,  or  ma- 
rine, actually  engaged  in  the  military  or  naval  service, 
or  of  such  as  have  been  disabled  in  such  service,  to  the 
value  of  one  thousand  dollars  :  Provided,  That  the 
above  exemptions  shall  not  apply  to  any  person  whose 
property,  exclusive  of  household  furniture,  shall  be 
assessed  at  a  value  exceeding  one  thousand  dollars. 

IV.  That  where  property  has  been  injured  or  de- 
stroyed by  the  enemy,  or  the  owner  thereof  has  been 
temporarily  deprived  of  the  use  or  occupancy  thereof, 
or  of  the  means  of  cultivating  the  same  by  reason  of 
the  presence  or  proximity  of  the  enemy,  the  assess- 
ment on  such  property  may  be  reduced  in  proportion 
to  the  damage  sustained  by  the  owner,  or  the  tax  as- 
sessed thereon  may  be  reduced  in  the  same  ratio  by 
the  district  collector,  on  satisfactory  evidence  submit- 
ted to  him  by  the  owner  or  assessor. 

*  ■'  An  act  to  levy  additional  taxes  for  the  common  defence  and  support  of  tfc 
government." 


MILITARY    LAWS.  193 


XXII.-WAR  DEPARTMENT. 

550.  Department  established. 

551.  Duties  of  the  Secretary  of  War. 

552.  Chief  and  other  clerks. 

553.  When  an  officer  of  the  army  is  appointed  Secretary  of  War. 

554.  Assistant  Secretary  of  War. 

555.  Chief  of  the  Bureau  of  War,  and  clerks.    Clerks  in  other  bureaus 

of  the  War  department.     Assignment  of  clerks. 

556.  Increase  of  clerical  force. 

557.  Further  increase  of  clerical  force. 

558.  Advances  on  contracts  may  be  made. 

559.  Purchase  or  lease  of  real  estate  by  Secretary  of  War. 

560.  Purchase  or  lease  of  real  estate  made  by  Chief  of  Ordnance. 

561.  Consent  of  state  required. 

562.  Accounts  of  War  department:  how  to  be  audited  and  filed. 

563.  Bureaus  or  agencies  west  of  the  Mississippi  river. 

564.  Staff  officers  and  clerks. 

550.  The  Congress  of  the  Confederate  States  of  Ameri-  Feb.  21,  i86i 
ca  do  enact,  That  an  Executive  department  be  and  the  Department 
same  is  hereby  established,  under  the  name  of  the  War 
department,  the  chief  officer  of  which  shall  be  called 

the  Secretary  of  War. 

551.  That  said  secretary  shall,  under  the  direction  J)bi£e|^ the 
and  control  of  the  President,  have  charge  of  all  mat-  secretaryof 
ters  and  things  connected  with  the  army,  and  with  the 
Indian  tribes  within  the  limits  of  the   Confederacy, 

and  shall  perform  such  duties  appertaining  to  the  army, 
and  to  said  Indian  tribes,  as  may,  from  time  to  time, 
be  assigned  to  him  by  the  President. 

552.  That  the  secretary  of  said  department  is  here-  ibtd,|.& 
by  authorized  to  appoint  a  chief  clerk  thereof,  and  as  other  cierka. 
many  inferior  clerks  as  may  be  found  necessary,  and 

may  be  authorized  by  law. 

553.  That  if  any  officer  of  the  army  be  appointed  Feb.  27,1862 
Secretary  of  War,  and  enter  upon  the  duties  of  that  When  an  ,. 

^  '  l  officer  of  the 

office,  he  shall  not  thereby  lose  his  rank  in  the  army,  army  '*> 

■'  J  7    appointed 

but  only  the  pay  and  allowance  thereof  during  the  time  secretary  of 
he  is  Secretary  of  War,  and  receiving  the  salary  of 
that  officer. 

554.  That  the  Secretary  of  War  be  and  he  is  hereby  Dec  iq,i86i 
authorized  and  empowered  to  appoint  an  assistant,  Assistant 

111111  1  rM  n  xxr  Secretary  of 

who  shall  be  known  as  the  Assistant  Secretary  of  War,  War. 
who  shall  perform  such  duties  as  may  be  assigned  him 
13 


194 


DIGEST    OK 


March  7, 

1861 

g  1,  ch.  30. 

Chief  of 

Bureau  of 

War,  and 

clerks. 


Clerks  in 
other  bu- 
reaus of  the 
War  depart- 
ment. 


Assignment 
of  clerks. 


Aug.  29,1301 
ch.  40. 
Increase  of 
clerical 
force. 


March  14, 
1862,  ch.  3. 
Further  in- 
crease of 
clerical 
force. 


by  the  secretary,  and  receive  as  compensation  for  his 
services  three  thousand  dollars  per  annum.* 

555.  To  the  War  department  there  shall  be  a  chief 
of  the  bureau  of  war,  at  an  annual  salary  of  three 
thousand  dollars,  and  five  clerks,  who  shall  each  re- 
ceive twelve  hundred  dollars  per  annum;  and  one  of 
them  may  be  appointed  disbursing  clerk,  with  an  ad- 
ditional salary  of  six  hundred  dollars,  who  shall  give 
bond,  with  sureties  to  be  approved  by  the  Secretary  of 
War.  There  shall  also  be  one  messenger,  whose  com- 
pensation shall  be  five  hundred  dollars  per  annum. 
And  to  all  of  the  bureaus  of  the  War  department,  viz., 
the  Adjutant  and  Inspector-General,  Quartermaster- 
G-eneral,  the  Commissary-General,  the  Surgeon-Gen- 
eral, the  Chief-Engi'neer,  and  the  Artillery,  there  shall 
be  fourteen  clerks,  seven  of  whom  shall  receive  each  a 
salary  of  twelve  hundred  dollars,  and  seven  a  salary 
each  of  one  thousand  dollars  per  annum*  And  the 
Secretary  of  War  is  hereby  authorized  to  assign  said 
clerks  to  duty  in  the  respective  offices  enumerated, 
as  in  his  judgment  will  best  promote  the  public  ser- 
vice. And  to  each  of  said  named  bureaus,  except  the 
office  of  Surgeon-General,  there  shall  be,  if  deemed 
necessarj7  by  the  Secretary  of  Wai*,  a  messenger,  at 
an  annual  compensation  of  five  hundred  dollars. * 

556.  That  the  clerical  force  of  the  War  department 
shall  be  increased  to  the  extent  and  in  the  manner  fol- 
lowing, to  wit:f 

For  the  Office  of  the  Secretary  of  War. — One 
clerk  at  the  rate*  of  two  thousand  dollars  per  annum; 
for  the  payment  of  whom,  from  eighteenth  of  August, 
eighteen  hundred  and  sixty-one,  to  the  eighteenth  of 
February,  eighteen  hundred  and  sixty-two,  there  is 
hereby  appropriated  the  sum  of  one  thousand  dollars. 

557.  That  there  be  added  to  the  number  of  clerks 
now  authorized  by  law  in  the  War  department,  twen- 
ty additional  clerks,  to  be  divided  among  the  several 
bureaus,  in  such  proportion  as  the  Secretary  of  War 


*  See  "Salaries"  in  Appendix. 
f  See  29,  36.  37,  40,  43,  57. 


MILITARY    LAW*.  195 

may  deem  most  advantageous,  to  receive  compensa- 
tion as  follows,  to  wit :  six  at  the  rate  of  fifteen  hun- 
dred dollars  per  annum ;  six  at  the  rate  of  twelve  hun- 
dred dollars  per  annum,  and  eight  at  the  rate  of  one 
thousand  dollars  per  annum.* 

558.  That  the  Secretary  of  War,  with  the  approba-  Ahu^;65'1861 
tion  of  the  President,  be  authorized,  during  the  exist-  Advances  on 

°  contracts 

ence  of  the  present  war,  to  make  advances  upon  any  may  be  made 
contract,  not  to  exceed  thirty -three  and  one  third  per 
cent.,  for  arms  or  munitions  [388  et  seq.~\  of  war : 
Provided,  That  security  be  first  taken,  to  be  approved 
by  the  Secretary  of  War,  for  the  performance  of  the 
contract,  or  for  a  proper  accounting  for  the  said  money. 

559.  That  the  Secretary  of  War  be  and  he  is  hereby  f?ybW® 
authorized  to  purchase  or  lease  any  and  all  real  estate  Purchase  or 

x  '■  lease  of  real 

which  may  by  him  be  deemed  necessary  for  the  use  of  estate  by 

.  ,  „     ,  ,  Secretary  of 

the  government  in  the  conduct  of  those  works  or  op-  War. 
orations  submitted  by  law  to  the  supervision  or  con- 
trol of  the  War  department,  and  for  which  appropri- 
ations are  made  by  Congress. 

560.  That  the  Secretary  of  War  is  hereby  authorized  ibid,  §  2. 

Purchase  or 

to  ratify  and  complete  any  purchase  or  lease  of  real  lease  of  real 

■*  estate  ma.de 

estate  heretofore  made  under  the  direction  of  the  Chief  by  chief  of 

,,    _     .  .  Ordnance. 

of  Ordnance,  and  all  such  leases  or  purchases  hereto- 
fore made  shall  be  binding  as  soon  as  the  same  are  ap- 
proved by  the  Secretary  of  War. 

561.  Every  purchase  of  freehold  estate  made  by  au-  ibid,  g  3. 

,  Consent  of 

thority  of  this  act  shall  be  subject  to  the  condition,  state requir- 
that  the  consent  of  the  state  within  whose  limits  it 
lies  shall  be  obtained  by  the  Confederate  government. 

562.  That  it  shall  be  the  dutv  of  the  Second  Audi-  April  19, 

1S62.  ch.  47. 

tor,  after  examining  the  accounts  for  the  War  depart-  Accounts  of 

,  .  War  depart- 

ment, to  certify  the  balances  and  transmit  the  account,  ment;  how 

•iii  1  i  -n  1/-.  to  be  audit- 

witli  the  vouchers  and  certificates,  to  the  Comptroller  ed  and  filed. 
for  his  decision  thereon,  and  when  finally  adjusted, 
said  accounts,  vouchers,  and  certificates  shall  be  filed 
with  the  Eegister,  as  required  by  the  act  iC  to  establish 
the  Treasury  department,"  approved  February  twen- 
ty-first, eighteen  hundred  and  sixty-one. 

*  See  ,: Salaries"  in  Appendix. 


196  DIGEST    OF   MILITARY    LAWS. 

Feb.  17,186*      563.  That,  under  the  direction  of  the  President,  such 

<S  1,  ch.  55.  7  ' 

Bureaus  or     bureaus  or  agencies  of  the  War  department  may  be 

agencies  c'  x  " 

west  of  the    organized  west  of  the  Mississippi  river  as  the  public 

Mississippi  °  ,  ,  .  •  x*  A 

river.  service  may  require,  which  shall  be  auxiliary  to  the 

similar  bureaus  of  said  department  established  by  law, 
and  shall  perform  such  duties  as  may  be  directed  by 
instructions  from  the  Secretary  of  War,  or  the  general 
commanding  in  the  trans-Mississippi  department  [371], 
acting  under  the  authority  of  the  War  department. 

Jbii?l-  564.  Such  staff  officers  and  clerks  may  be  assigned 

Staff  officers  J  & 

and  clerks,  to  duty,  or  appointed  by  the  President  in  these  bu- 
reaus, as  may  be  necessary  for  the  service ;  and,  under 
authority  from  the  President,  the  general  commanding 
in  the  trans-Mississippi  department  may  assign  such 
officers  to  duty  or  make  appointments  therein,  subject 
to  the  approval  of  the  President:  Provided,  That  no 
clerk  employed  under  this  act  shall  be  allowed  a  sala- 
ry exceeding  two  thousand  dollars  per  annum,  or  be 
liable  to  military  duty. 


NAVAL  LAWS. 


XXIII— NAVY  DEPARTMENT. 

[For  Navy-  Yards,  Dock-  Yards,  etc.,  see  "  Forts  and  Arse- 
nals," 394,  395.] 

565.  Department  established. 

566.  Duties  of  secretary. 

567.  Chief  and  other  clerks  to  be  appointed. 

56S.  Chief  clerk  ;  his  salary  and  duties.  Three  other  clerks  and  a  mes- 
senger. 

569.  Two  additional  clerks  and  a  draughtsman. 

570.  Register,  draughtsman,  and  additional  clerk. 
471.  Additional  clerks ;  how  selected. 

572.  Officer  in  charge  of  ordnance,  ordnance  stores,  hydrography,  etc. 
Officer  of  orders  and  details,  and  matters  connected  with 
courts-martial  and  courts  of  inquiry.  Surgeon  or  assistant 
surgeon  to  purchase  medicines  or  medical  supplies.  Paymas- 
ter to  purchase  provisions,  clothing,  etc.     Clerks. 

565.  The  Congress  of  the  Confederate  States  of  America  Feb.  21,  isei 
ao  enact,  That  an  Executive  department  be  and  the  Department 
same  is  hereby  established,  to  be  called  the  Navy  de- 
partment. 

566.  That  the  chief  officer  of  said  department  shall  ibid,  g  2. 

,  T  iin  i         Duties  of 

be  called  the  vSecretary  01  the  -Navy,  and  shall,  under  secretary. 
Lhe  direction  and  control  of  the  President,  have  charge 
of  all  matters  and  things  connected  with  the  Navy  of 
the  Confederac}^  and  shall  perform  all  such  duties  ap- 
pertaining to  the  navy  as  shall  from  time  to  time  be 
assigned  to  him  by  the  President. 

567.  That  said  secretary  shall  be  authorized  to  ap-  ibid, gs. 
point  a  chief  clerk,  and  such  other  clerks  as  may  be  other  clerks 
found  necessary,  and  be  authorized  by  law.  pointed! 

568.  That  the  clerical  force  of  the  Navy  department  March  8, 
shall  consist  of  one  chief  clerk,  at  a  salary  of  fifteen  Ch.  31:  ' 
hundred  dollars  per  annum,  who  shall  also  perform  the  his'Liary  ; 
duties  of  disbursing  agent  and  corresponding  clerk  of  and  duties- 
said  department,  and  receive  therefor  an  extra  compen- 
sation of  six  hundred  dollars  per  annum;  and  also  three  Three  other 

x  m  clerks  and  a, 

other  clerks,  two  of  whom  shall  receive  a  salary  each   messenger. 
of  twelve  hundred  dollars  per  annum,  and  one  a  sala- 
ry of  one  thousand  dollars  per  annum  ;  and  there  shall 


200  DIGEST    OF 

be  attached  to  said  department  a  messenger,  whose 
annual  compensation  shall  be  five  hundred  dollars.* 

Jhn384'1862       56"''  rJ"hatj  tne  Secretary  of  the  Navy  be  and  he  is 
Twoa'ddi-      hereby  authorized  to  appoint  one  additional  clerk  at 

tional  clerks  x  x 

and  a  a  salary  of  fifteen  hundred  dollars  per  annum,  one 

man.  other  additional  clerk  at  a  salary  of  twelve  hundred 

dollars  per  annum,  and  one  draughtsman  at  a  salary 

of  twelve  hundred  dollars.* 

chM4'  18°3       570'  That  the  Secretar7  of  tne  ^avy  be  authorized 
Register,       to  appoint  a  register  at  a  salary  of  one  thousand  eight 

draughts-  , 

man,  and      hundred  dollars  per  annum,  a  draughtsman  at  a  sala- 

additional  ° 

clerk.  ry  or  one  thousand   two  hundred  dollars  per  annum, 

and  an  additional  clerk  at  a  salary  of  one  thousand 

two  hundred  dollars  per  annum.* 
chb73.7' 1864       57L  That  the  Secretary  of  the  Navy  be  authorized 
c\orksional     t0  aPPom^  two  additional  clerks,  each  with  a  salary  of 
How  select-  fifteen  hundred  dollars*  per  annum  :   Provided,  That 

such  clerks  be  selected  from  men  not  liable  to  military 

duty. 
March  16,  572.  The  following  officers  shall   be  attached  to  the 

1861.  §6,  & 

ch.  58.  Navy  department,  to  wit :  An  officer,  not  below  the 

Officer  in  J         r 

charge  of      grade  of  commander,  who  shall  be  charged  with  the 

ordnance,        ° 

hydrogra-  purchase  or  preparation  of  ordnance,  ordnance  stores, 
and  supplies  and  equipments,  and  with  hydrographj^ 
and  with  such  other  duties  as  the  Secretary  of  the 

officer  of      Navy  may  from  time  to  time  assign  to  him  ;  an  officer, 

orders  and  •>  "  ~  ' 

details,         not  below  the  grade  of  lieutenant,  to  be  designated  as 

courts-mar-  °  '  ° 

tiaiand        the  officer  of  orders  and  detail,  who  shall,  under  the 

courts  of 

inquiry.        orders  of  the  Secretary  of  the  Navy,  prepare  and  is- 
sue ail  orders  and  details  for  service,  and  who  shall  also, 
under  the  direction  of  the  Secretary  of  the  Navy,  have 
charge  of  all  matters  and  things  connected  with  courts- 
martial  and  courts  of  inquiry,  and  with  the  custody  of 
all  records  and  papers  thereunto  appertaining,  and  per- 
form such  other  duties  relating  to  the  personnel  of  the 
navy  as  the  Secretary  may  from  time  to  time  direct ; 
purchase*0    a  surgeon  or  an  assistant  surgeon,  who  shall,  under 
a^medicai  the  direction  of  the  Secretary  of  the  Navy,  make  all 
supplies.       purchases  of  medicines  and  medical  supplies  for  the 
navy,  and  perform  such  other  duties  appertaining  to 

*  See  "  Salaries"  in  Appendix. 


NAVAL   LAWS.  201 

the  medical  department  as  the  secretary  may  from 

time  to  time  direct ;  a  paymaster,  who  shall,  under  Paymaster 

the  direction  of  the  Secretary  of  the  Navy,  make  all  purchases  of 

provisions, 

contracts  for  or  purchases  of  provisions,  clothing,  and  etc. 
coal  for  the  use  of  the  navy,  and  perform  such  other 
duties  as  the  secretary  may  direct.  The  Secretary  of  cierks. 
the  Navy  is  authorized  to  appoint  one  clerk  to  aid  each 
of  the  above  officers  in  the  discharge  of  his  duties, 
whose  annual  salary  shall  not  exceed  fifteen  hundred 
dollars  each;*  but  the  officers  therein  detailed  for  duty 
shall  receive  no  compensation  for  their  services  beyond 
their  regular  pay  as  on  other  duty. 


XXIV.-REGDLAR  NAVY. 

I,   Officers. 

573.  Commissioned  officers  to  be  appointed,  and  warrant  and  petty  offi- 

'cers  and  seamen  to  be  employed. 

574.  Annual  pay  of  captains.     Of  commanders.     Of  lieutenants:  Mas- 

ters.     Midshipmen.      Surgeons.     Assistant  surgeons.      Pay- 
masters. 

575.  Assistant  paymasters. 

576.  Salary  of  assistant  paymasters  increased. 

577.  Engineers. 

578.  Pay  of  engineer-in-chief  and  passed  assistant  surgeons. 

579.  Warrant  officers.     Appointments  by  the  President  during  recess  of 

Congress. 

580.  Mode  of  computing  length  of  service  of  officers  formerly  attached 

to  United  States  navy. 

581.  Date  of  commissions  of  such  officers. 

582.  Appointment  of  same. 

583.  Leave  of  absence  pay  of  officers  resigned  from  United  States  ser- 

vice and  imprisoned. 

584.  Additional  officers ;  appointments  from  civil  life. 

585.  Grades  established. 

586.  Chief  engineers. 

587.  Appointments  for  meritorious  conduct. 

588.  Warrant  officers. 

589.  Pay  of  additional  grade. 

590.  Pay  of  master's-mates. 

591.  Chief  constructor. 

592.  Naval  storekeepers. 

593.  Assignment  of  officers. 

594.  Temporary  military  rank  and  command. 

595.  Rank  in  the  navy  retained,  and  same  pay,  etc. 

596.  Appointment  to  higher  grade. 

597.  Chaplains  for  Confederate  States  naval  vessels. 

598.  Chaplains  for  naval  hospitals. 

599.  Rations,  quarters,  fuel,  etc. 

600.  Privilege  of  purchasing  stores. 

*  See  "'  Salaries  "  in  Appendix. 


202  DIGEST    OF 

II.  Marine  Corps. 

601.  Corps  established.     Pay. 

602.  Duty  of  quartermaster. 

603.  Reorganization  of  corps. 

604.  Pay  and  emoluments.     Rations. 

605.  Assignment  to  any  duty  connected  with  the  public  defence.  Tem- 

porary rank  and  command. 

606.  Term  of  enlistment. 

607.  Bounty. 

608.  Appropriation  for  bounty. 

609.  Additional  non-commissioned  officers  and  musicians. 

610.  Clerks  to  commandant  and  quartermaster. 

III.  Seamen. 

611.  Pay. 

612.  Additional  number  to  be  enlisted. 

613.  Bounty. 

614.  Certain  seamen  continued  in  service. 

IV.    GrUNBOATS    AND    VESSELS    OP    War. 

615.  Armed  vessels  for  seaboard  and  general  defence. 

616.  Ten  steam  gunboats  for  coast  defence. 

617.  Three  additional  for  sea-coast  defence. 

618.  Appropriation. 

619.  Contracts   for  building   gunboats,   etc.,   without   advertising    for 

proposals. 

620.  Supplies. 

621.  Issue  of  bonds  to  meet  contract  for  six  iron-clad  vessels  of  war  to 

be  constructed  abroad. 

622.  Substitution  of  bonds  for  others  cancelled  abroad. 

623.  Inventions. 

624.  Steamer  "Florida;"  payment  for. 

625.  Payment  to  be  made  in  eight  per  cent,  bonds. 

V.  Miscellaneous  Provisions. 

626.  Regulations.  \ 

627.  United  States  laws  continue  in  force. 

628.  Relative  and  assimilated  rank. 

629.  Corps  for  service  on  Western  waters. 

630.  Persons  subject  to  enrolment  for  military  service  may  enlist  in 

the  marine  corps. 

631.  Duty  of  enrolling  officer. 

632.  Pay  of  sailors  and  marines. 

633.  Employment  of  pilots. 

634.  Site  for  the  preparation  and  safe-keeping  of  ordnance  stores. 

635.  Impressment  of  supplies. 

636.  Clothing  for  enlisted  men. 

I.  Officers. 

March  16,  573.  The  Congress  of  the  Confederate  States  of  America 

cn.58.  do  enact,  That  the  President  be  authorized  to  appoint, 

ed  officers  to  in  the  manner  prescribed  by  law,  the  following  com- 
be appointed  ,        a.  n     .,  •  r>  ^    • 

missioned   officers  ot    the   navy,  viz :   four   captains, 
four  commanders,   thirty  lieutenants,  five   surgeons, 
five  assistant  surgeons,  six  paymasters,  and  two  chief 
Masters,        engineers,  and  to  employ  as  [many]  masters,  midship- 
men, engi-     men,  engineers,  naval  constructors,  boatswains,  gun- 


)  NAVAL    LAWS.  203 

tiers,  carpenters,  sail-makers,  and  other  warrant  and  ^er^tobo 
petty  officers  and  seamen  as  he  may  deem  necessary,  employed. 
not  to  exceed  in  the  aggregate  three  thousand. 

574.  The  annual  pav  of  said  officers  shall  be  as  fol-  iwd>§2- 

~    J  Annual  pay 

lows,  viz  :  of : 

Captains,  when  commanding  squadrons,  five  thou-  Captains, 
sand  dollars.  ' 

All  other  captains  on  duty  at  sea,  four  thousand 
two  hundred  dollars. 

On  other  duty,  three  thousand  six  hundred  dollars. 

When  on  leave  or  waiting  orders,  three  thousand 
dollars. 

Commanders. — Every  commander  on  duty  at  sea,  for  command- 
the  first  five  years  after  the  date  of  his  commission, 
two  thousand  eight  hundred  and  twenty-five  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, three  thousand  one  hundred  and  fifty  dollars. 

Every  commander  on  other  duty,  for  the  first  five 
years  after  the  date  of  his  commission,  two  thousand 
six  hundred  and  sixty-two  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, two  thousand  eight  hundred  and  twenty-five 
dollars. 

All  other  commanders,  two  thousand  two  hundred 
and  fifty  dollars. 

Lieutenants  commanding  at  sea,  two  thousand  five 
hundred  and  fifty  dollars. 

Lieutenants. — Every  lieutenant  on  duty  at  sea,  one  Lieutenants, 
thousand  five  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea-service, 
in  the  navy,  one  thousand  seven  hundred  dollars. 

After  he  shall  have  seen  nine  years'  sea-service,  one 
thousand  nine  hundred  dollars. 

After  he  shall  have  seen  eleven  years'  sea-service, 
two  thousand  one  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea-service, 
two  thousand  two  hundred  and  fifty  dollars. 

Every  lieutenant  on  other  duty  shall  receive  one 
thousand  five  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea-service  in 
the  navy,  one  thousand  six  hundred  dollars. 


204  DIGEST    OF 

After  he  shall  have  seen  nine  years'  sea-service,  one 
thousand  seven  hundred  dollars. 

After  he  shall  have  seen  eleven  years'  sea-service, 
one  thousand  eight  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea-service, 
one  thousand  eight  hundred  and  seventy-five  dollars. 

Every  lieutenant  on  leave  or  waiting  orders,  one 
thousand  two  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea-service  in 
the  navy,  one  thousand  two  hundred  and  sixty-six 
dollars. 

After  he  shall  have  seen  nine  years'  sea-service," one 
thousand  three  hundred  and  thirty-three  dollars. 

After  he  shall  have  seen  eleven  years'  sea-service, 
one  thousand  four  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea-service, 
one  thousand  four  hundred  and  fifty  dollars. 
Masters.  Masters. — Every  master  in   the  line  of  promotion, 

when  on  duty  as  such  at  sea,  one  thousand  two  hun- 
dred dollars. 

When  on  other  duty,  one  thousand  one  hundred 
dollars. 

When  on  leave  or  waiting  orders,  eight  hundred 
and  twenty-five  dollars. 
Midshipmen      Midshipmen. — Every  midshipman  at  sea,  five  hun- 
dred and  fifty  dollars. 

When  on  other  duty,  five  hundred  dollars. 

When  on  leave  or  waiting  orders,  four  hundred  and 
fifty  dollars, 
surgeons.  Surgeons. — Every  surgeon  on  duty  at  sea,  for  the 

first  five  years  after  the  date  of  his  commission  as 
surgeon,  two  thousand  two  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  four  hundred  dol- 
lars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  six  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  eight  hundred  dol- 
lars. 

For  twenty  years'  service  and  upward,  after  the 


NAVAL    LAWS. 

date  of  his  commission  as  surgeon,  three  thousand 
dollars. 

Fleet  surgeons,  three  thousand  three  hundred  dol- 
lars. 

Every  surgeon  on  other  duty,  for  the  first  five  years 
after  the  date  of  his  commission  as  surgeon,  two  thou- 
sand dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  two  hundred  dol- 
lars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  four  hundred  dol- 
lars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  six  hundred  dollars. 

For  twenty  years'  service  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  eight  hundred  dol- 


Every  surgeon  on  leave  or  waiting  orders,  for  the 
first  five  years  after  the  date  of  his  commission  as 
surgeon,  one  thousand  six  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission as  surgeon,  one  thousand  eight  hundred  dol- 
lars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission as  surgeon,  one  thousand  nine  hundred  dol- 
lars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission as  surgeon,  two  thousand  one  hundred  dol- 
lars. 

For  twenty  years'  service  and  upward,  after  the  date 
of  his  commission  as  surgeon,  two  thousand  three 
hundred  dollars. 

Assistant  Surgeons. — Every  assistant    surgeon    on  Assistant 
duty  at  sea,  one  thousand  two  hundred  and  fifty  dol- 
lars. 

When  on  other  duty,  one  thousand  and  fifty  dollars. 

When  on  leave  or  waiting  orders,  eight  hundred 
dollars. 

Paymasters. — Every  paymaster  on  duty  at  sea,  for  paymasters, 


200  mi! F.ST    OF 

the  first  five  years  after  the  date  of  his  commission, 
two  thousand  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, two  thousand  four  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission, two  thousand  six  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission, two  thousand  nine  hundred  dollars. 

For  twenty  years  and  upward  after  the  date  of  his 
commission,  three  thousand  one  hundred  dollars. 

Every  paymaster  on  other  duty,  for  the  first  five 
years  after  the  date  of  his  commission,  one  thousand 
eight  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, two  thousand  one  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission, two  thousand  four  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission, two  thousand  six  hundred  dollars. 

For  twenty  years'  service  and  upward,  after  the 
date  of  his  commission,  two  thousand  eight  hundred 
dollars. 

Every  paymaster  on  leave  or  waiting  orders,  for  the 
first  five  years  after  the  date  of  his  commission,  one 
thousand  four  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, one  thousand  six  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission, one  thousand  eight  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  com- 
mission, two  thousand  dollars. 

For  twenty  years'   service  and  upward,  after  the 
date  of  his  commission,  two  thousand  two  hundred 
and  fifty  dollars. 
May  20,1861       575.  That  the  President  be  authorized  to  appoint 

?3.  ch.  32.  .  rj. 

Assistant  six  assistant  paymasters  01  the  navy,  each  to  receive  a 
salary  of  one  thousand  dollars  when  employed  at  sea, 
and  seven  hundred  dollars  when  not  thus  employed ; 
and  all  paymasters  of  the  navy  shall  be  taken  from 
the  grade  of  assistant  paymasters. 


NAVAL    LAWS.  207 

576.  The  annual  pay  of  assistant  paymasters  shall  j^jPal' 
hereafter  be,  when  on  service  afloat,  twelve  hundred  <*•  68. 

'  ,  Salary  of 

dollars ;  on  other  duty,  eleven  hundred  dollars.  assistant 

'  *  paymasters 

577.  Engineers. — Every  chief  engineer  on  duty,  for  increased. 
the  first  five  years  after  the  date  of  his  commission,  i86i,  §2,' 

J  ch.  58. 

one  thousand  eight  hundred  dollars.  Engineers. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, two  thousand  two  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission, two  thousand  four  hundred  and  fifty  dollars. 

After  fifteen  years  after  the  date  of  his  commission, 
two  thousand  six  hundred  dollars. 

Every  chief  engineer  on  leave  or  waiting  orders,  for 
the  first  five  years  after  the  date  of  his  commission, 
one  thousand  two  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  com- 
mission, one  thousand  three  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  com- 
mission, one  thousand  four  hundred  dollars. 

After  fifteen  years'  service  after  the  date  of  his 
commission,  one  thousand  five  hundred  dollars. 

Every  first  assistant  engineer  on  duty,  one  thousand 
two  hundred  and  fifty  dollars. 

When  on  leave  or  waiting  orders,  nine  hundred 
dollars. 

Every  second  assistant  engineer  on  duty,  one  thou- 
sand dollars. 

When  on  leave  or  waiting  orders,  seven  hundred 
and  fifty  dollars. 

Every  third  assistant  engineer  on  duty,  seven  hun- 
dred and  fifty  dollars. 

When  on  leave  or  waiting  orders,  six  hundred  dol- 
lars. 

578.  That  the  annual  pay  of  the  ensnneer-in-chief  of  sept.  26, 

1  ,  •  •      ,      it  i>  »  1      1862,  ch.  13. 

the  navy,  and  passed  assistant  surgeons,  shall  be  as  iol-  Pay  of  engi- 
lows:  Engineer-in-chief,  three  thousand  dollars;  passed  and  passed 
assistant  surgeons,  for  service  afloat,  seventeen  hun-  surgeons. 
dred  dollars ;  for  shore  or  other  duty,  fifteen  hundred 
dollars ;  when  on  leave  or  waiting  orders,  twelve  hun- 
dred dollars. 


20S 


DIGEST    OF 


March  16, 
1861,  §  2, 
ch.  58. 
Warrant 

officers. 


Appoint- 
ment by  the 
President 
during 
recess  of 
Congress, 


579.  Warrant  Officers. — Every  boatswain,  gunner, 
carpenter,  and  sail-maker  on  duty  at  sea,  for  the  first 
three  years'  sea-service  after  the  date  of  his  warrant, 
one  thousand  dollars. 

For  the  second  three  years'  sea-service  after  the  date 
of  his  warrant,  one  thousand  one  hundred  and  fifty 
dollars. 

For  the  third  three  years'  sea-service  after  the  date 
of  his  warrant,  one  thousand  two  hundred  and  fifty 
dollars. 

For  the  fourth  three  years'  sea-service  after  the 
date  of  his  warrant,  one  thousand  three  hundred  and 
fifty  dollars. 

For  twelve  years'  sea-service  and  upward,  one  thou- 
sand four  hundred  and  fifty  dollars. 

When  on  other  duty : 

For  the  first  three  years  of  sea-service  after  the  date 
of  his  warrant,  eight  hundred  dollars. 

For  the  second  three  years'  sea-service  after  the 
date  of  his  warrant,  nine  hundred  dollars. 

For  the  third  three  years  of  sea-service  after  the 
date  of  his  warrant,  one  thousand  dollars. 

For  the  fourth  three  years'  sea-service  after  the 
date  of  his  warrant,  one  thousand  one  hundred  dollars. 

For  twelve  years'  sea-serviee  and  upward,  one  thou- 
sand two  hundred  dollars. 

When  on  leave  or  waiting  orders : 

For  the  first  three  years'  sea-service  after  the  date 
of  his  warrant,  six  hundred  dollars. 

For  the  second  three  years'  sea-service  after  the 
date  of  his  warrant,  seven  hundred  dollars. 

.  For  the  third  three  years'  sea-service  after  the  date 
of  his  warrant,  eight  hundred  dollars. 

For  the  fourth  three  years'  sea-service  after  the 
date  of  his  warrant,  nine  hundred  dollars. 

For  twelve  years'  sea-service  and  upward,  one  thou- 
sand dollars. 

That  the  commissioned  officers  hereinbefore  pro- 
vided for,  and  who  shall  not  be  nominated  before  the 
adjournment  of  Congress,  may  be   appointed  by  the 


NAVAL    LAWS.  209 

President  during  the  recess,  to  hold  their  commis- 
sions until  the  next  session  of  Congress. 

580.  In  computing  the  length  of  service  of  such  ^M?- 
officers  as  were  attached  to  the  Navy  of  the  United  computing 

J  length  of 

States,  but  who  have  resigned,  and  have  been  or  may  service  of 

..■:.-■•,  officers  for- 

be  received  into  the  service  of  the  Confederate  States,  meriy  at- 
their  period  of  service   in  the  Navy  of  the   United  u.  s.  Navy. 
States  shall  be  included,  and  no  service  shall  be  re- 
garded as  sea-service  in  the  purview  of  said  act  but 
such  as  shall  actually  be  performed  at  sea,  and  in  ves- 
sels employed  by  authority  of  law. 

581.  That  in  case  officers  who  were  formerly  attach-  March  16, 

.A,    1861,  ch.  62. 

ed  to  the  Navy  of  the  United  States,  but  had  resigned  Dateofcom- 

„  ,,  c  y»1    -n     missions  of 

in  consequence  of  the  secession  of  any  one  or  of  all  officers 
of  the  Confederate  States,  should  receive  appointments  tached  to 

US   Navy 

in  the  Navy  of  the  Confederate  States,  the  President 
is  authorized  to  affix  to  their  commissions  such  dates 
as  may  be  necessary  to  secure  to  them  the  same  rela- 
tive position  that  they  held  in  the. former  service. 

582.  That  the  President  be  and  he  is  hereby  author-  fgJpJP 
ized  to  nominate,  and  by  and  with  the  advice  and  con-  APPomt- 

'  «  ment  of 

sent  of  Congress  to  appoint,  all  officers  of  the  Navy  officers 
of  the  United  States,  who  have  resigned  or  may  here-  attached  to 
after  resign  their  commissions  on  account  of  the  se- 
cession of  any  or  all  of  the  Confederate  States,  and 
who  may  be  fit  for  active  service,  to  the  same  rank 
and  position  in  the  Navy  of  the  Confederate  States 
which  they  held  in  that  of  the  United  States  :  Pro- 
vided, however,  That  no  officer  shall  be  so  appointed 
who  may  at  any  time  have  committed  any  act  of  hos- 
tility against  the  Confederate  States  or  any  one 
thereof. 

583.  That  the  Secretary  of  the  Navy  cause  to  be  April  11, 

.  -i  i  nn  n       ,  i  •  1863>  ch"  U- 

paid  to  those  officers  of  the  navy  and  marine  corps,  Leave  of  ab- 
who  resigned  from  the  Navy  and  Marine  corps  of  the   officers 


United  States,  in  consequence  of  secession,  and  who  from  u.  s. 

,      -,  ,    .  ,   .  „  .      service,   and 

were  arrested  and  imprisoned  in  consequence  of  such  imprisoned, 
resignation,  and  who  subsequently  joined  the  Navy 
and  Marine  corps  of  the  Confederate  States,  leave  of 
absence  pay  for  and  during  the  term  of  such  imprison- 
14 


210 


DIGEST    OF 


Dec.  24, 1861 
ch.  24. 
Additional 
officers. 


Appoint- 
ments from 
civil  life. 


April  21, 
1862,  §  1, 
ch.  68. 
Grades  es- 
tablished. 


April  4, 1863 
ch.  16. 
Chief  engi- 
neers. 


April  21, 
1862,  I  2, 
ch.  68. 
Appoint- 
ments for 
meritorious 
conduct. 


Ibid,  I  3. 
Warrant 
officers. 


ment,  and  up  to  the  time  of  their  appointment  in  the 
Navy  and  Marine  corps  of  the  Confederate  States. 

584.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint  the  following  officers  of  the  navy,  in 
addition  to  those  heretofore  authorized  [573,  575],  to 
wit :  two  captains,  five  commanders,  fifty  lieutenants, 
ten  assistant  paymasters,  and  thirty  assistant  sur- 
geons ;  said  appointments  to  be  made  from  the  navy 
and  from  civil  life,  as  the  President  may  see  fit,  and  to 
terminate  at  the  end  of  the  war. 

585.  That  the  grades  of  the  commissioned  officers 
of  the  Navy  of  the  Confederate  States  shall  hereafter 
be  as  follows,  to  wit :  four  admirals,  ten  captains, 
thirty-one  commanders,  one  hundred  first  lieutenants, 
twenty-five  second  lieutenants,  twenty  masters  in  line 
of  promotion,  twelve  paymasters,  forty  assistant  pay- 
masters, twenty-two  surgeons,  fifteen  past  assistant 
surgeons,  thirty  assistant  surgeons,  one  engineer-in- 
chief,  and  twelve  engineers. 

586.  That  the  twelve  engineers  in  the  navy,  author- 
ized by  the  act  number  three  hundred  and  sixty-two,* 
approved  April  twenty-first,  eighteen  hundred  and 
sixty-two,  shall  hereafter  be  known  and  designated  as 
chief  engineers. 

587.  All  the  admirals,  four  of  the  captains,  five  of 
the  commanders,  twenty-two  of  the  first  lieutenants, 
and  five  of  the  second  lieutenants,  shall  be  appointed 
solely  for  gallant  or  meritorious  conduct  during  the 
war.  The  appointments  shall  be  made  from,  the  grade 
immediately  below  the  one  to  be  filled,  and  without 
reference  to  the  rank  of  the  officer  in  such  grade,  and 
the  service  for  which  the  appointment  shall  be  con- 
ferred shall  be  specified  in  the  commission  :  Provided, 
That  all  officers  below  the  grade  of  second  lieutenant 
may  be  promoted  more  than  one  grade  for  the  same 
service. 

588.  The  warrant  officers  shall  be  as  follows :  twenty 
passed  midshipmen,  one  hundred  and  six  acting  mid- 
shipmen, fifty  first  assistant  engineers,  one  hundred 


*  It  should  be  ch. 


See  586. 


NAVAL    LAWS.  21  i 

and  fifty  second  assistant  engineers,  one  hundred  and 
fifty  third  assistant  engineers,  ten  boatswains,  twenty 
gunners,  six  sail-makers,  and  twenty  carpenters. 

589.  The  annual  pay  of  the  additional  grades  created  ibid»  § 4- 
by  this  act  shall  be  as  follows :  Admirals,  six  thousand  tionaigrades 
dollars ;  second  lieutenant,  for  service  afloat,  twelve 
hundred  dollars — when  on  leave  or  other  duty,  one 
thousand  dollars ;  master  in  the  line  of  promotion,  one 
thousand  dollars  for  service  afloat — when  on  leave  or 

other  duty,  nine  hundred  dollars ;  passed  midshipmen, 
nine  hundred  dollars  for  service  afloat — when  on  leave 
or  other  duty,  eight  hundred  dollars. 

590.  That  from  and  after  the  passage  of  this  act  the  April  30, 
pay  of  master's-mates  in  the  navy  shall  be  forty  dol-  Pay  of  mas- 

*■     ^  ^  d  ter's-mates. 

lars  per  month. 

591.  That  the  President  be  and  he  is  hereby  author-  April  30, 

l  -l  T        •   i       ,  1     •  t  n  1863'   ch- 53- 

lzed  to  appoint,  by  and  with  the  advice  and  consent  of  chief  con- 
the  Senate,  one  chief  constructor  in  the  navy,  whose 
compensation  shall  be  three  thousand  dollars  per  an- 
num, and  who  shall  perform  such  duties  as  may  be  di- 
rected by  the  Secretary  of  the  Navy. 

592.  That  the  President  be  and  he  is  hereby  author-  Oct  13, 1862 

J  ch.  48. 

ized  to  appoint  three  naval  storekeepers,  whose  duties  Naval  store- 

A  L  x         '  keepers. 

shall  be  performed  under  the  direction  of  the  Secretary 
of  the  Navy.  The  compensation  of  such  officers  shall 
not  exceed  seventeen  hundred  doilai-s  per  annum ;-  and 
before  entering  upon  the  duties  of  their  offices,  each  of 
them  shall  give  a  bond  in  such  form  and  penalty  as 
the  President  may  prescribe. 

593.  That  the  President  be  authorized  to  assign  offi-  May  20, 1861 

a  2  ch  32 

cers  of  the  navy  to  any  duty  connected  with  the  de-  Assignment 
fence  of  the  country,  and  suitable  to  their  rank,  which 
he  may  deem  proper.* 

594.  That  the  President  be  and  he  is  hereby  author-  Dec.  24,  lsei 
ized  to  confer  on  any  officer  of  the  navy,  ordered  to  do  Temporary 
duty  on  shore  with  troops,  such  temporary  military  Snka'nd 
rank  and  command,  and  with  such  limitations  and  re-  command- 
strictions,  as  he  may  deem  proper.* 

595.  Any  officer  of  the  navy  on  whom  military  rank  ibid,  §2. 
and  command  shall  be  conferred,  in  virtue  of  the  fore-  navy  retain- 

. ed,  and  same 

*  Amended  so  as  to  apply  to  marine  corps.    See  605.  Pav»  etc- 


212 


DIGEST    OF 


January  16, 
1862,  ch.43. 
Appoint- 
ment to 
higher  grade 


Dec.  24. 1861 
ch.  21.  ' 
Chaplains 
for  C.   S.  na- 
val vessels. 


April  19, 
1S62,  ch.  50. 
Chaplains 
for  naval 
hospitals. 


Feb.  16, 1864 
§  1,  ch.  40. 
Kations, 
quarters, 
fuel,  etc. 


Ibid,  \  2. 
Privilege  of 
purchasing 
stores. 


going  section,  shall  retain  his  rank  in  the  navy,  and 
shall  be  entitled  only  to  the  same  pay  and  emoluments 
that  he  would  have  received  if  no  such  rank  and  com- 
mand had  been  conferred  on  him.* 

596.  That  the  President  is  authorized  to  appoint  offi- 
cers of  the  Regular  Navy  to  any  higher  grade  under 
the  act  above-mentioned  [584],  without  prejudice  to 
their  position  under  their  original  appointment. 

597.  That  whenever  any  vessel  of  the  Confederate 
States  Navy  shall  be  about  to  depart  for  any  point  be- 
yond the  limits  of  the  Confederate  States,  the  Presi- 
dent may,  in  his  discretion,  employ  a  chaplain  for  the 
voyage,  who  shall  receive  the  same  pay  [248  et  seq.~] 
and  emoluments  as  chaplains  in  the  army. 

598.  That  the  President  may,  in  his  discretion,  ap- 
point and  assign  to  the  naval  hospitals  in  the  Confed- 
erate States  chaplains  for  service  during  the  continu- 
ance of  the  existing  war,  who  shall  receive  the  same 
pay  [248  et  seq."]  and  emoluments  as  chaplains  in  the 
army. 

599.  That  the  commissioned  and  warranted  officers 
of  the  Navy  of  the  Confederate  States,  on  duty,  are 
hereby  allowed  rations,  quarters,  and  fuel,  or  commu- 
tation therefor,  as  are  now  or  may  hereafter  be  allow- 
ed officers  of  the  army,  viz  :  To  admirals,  the  same  as 
generals  j  to  vice-admirals,  the  same  as  lieutenant-gen- 
erals ;  to  rear-admirals,  the  same  as  major-generals ; 
to  commodores  and  captains,  the  same  as  brigadier- 
generals  and  colonels ;  to  commanders  and  first  lieu- 
tenants, the  same  as  lieutenant-colonels  and  majors; 
to  second  lieutenants  and  lieutenants  for  the  war,  the 
same  as  captains  and  chaplains;  to  masters  and  pass- 
ed midshipmen,  the  same  as  lieutenants ;  and  to  offi- 
cers of  the  medical,  pay,  and  engineer  corps,  to  naval 
constructors,  and  to  boatswains,  gunners,  carpenters, 
and  sail-makers,  the  same  as  to  the  foregoing  officers 
of  the  line  of  the  navy  with  whom  they  have  assimi- 
lated rank. 

600.  That  all  the  navy  officers  in  the  foregoing 
grades  shall  have  the  same  privilege  of  purchasing 

*  Amended  so  as  to  apply  to  marine  corps.     See  605. 


NAVAL    LAWS.  21^ 

commissary  and  quartermaster's  stores  [238  et  seq.~\  as 
are  now,  or  may  hereafter  be,  allowed  to  officers  of  the 
army. 

II.  Marine  Corps.* 

601.  There  shall  be  a  corps  of  marines,  to  consist  of  ^chie, 

lobl,  g  o, 

[603]  one  major,  one  quartermaster,  one   paymaster,  <*•  58. 
one  adjutant,  one  sergeant-major,  one  quartermaster-  Hshed. 
sergeant,  and  six  companies,  each  company  to  consist 
of  one  captain,  one  first  and  one  second  lieutenant, 
four  sergeants,  four  corporals,  one  hundred  men,  and 
two  musicians ;  and  the  pay  and  allowances  of  the  Pay- 
officers  and  enlisted  men  shall  be  the  same  as  that  of 
the  officers  and  enlisted  men  of  like  grade  in  the  in- 
fantry of  the  army  [70,  75,  632],  except  that  the  ration 
of  the  enlisted  marine  shall  be  the  ration  allowed  by 
law  to  seamen. 

602.  It  shall  be  the  duty  of  the  quartermaster  of  the  ^d'^J- 
marine  corps  to  visit  the  different  posts  where  portions  quaitermas- 
of  the  corps  may  be  stationed,  as  often  as  may  be 
necessary  for  the  proper  discharge  of  his  duties. 

603.  That  from  and  after  the  passage  of  this  act  J^jfjjJ861 
the  corps  of  marines  shall  consist  of  one  colonel,  one  Reorganiza- 

r  '  tion  of  corps. 

lieutenant-colonel,  one  major,  one  quartermaster  with 
the  rank  of  major,  one  paymaster  with  the  rank  of 
major,  one  adjutant  with  the  rank  of  major,  one  ser- 
geant-major, one  quartermaster-sergeant,  ten  captains, 
ten  first  lieutenants,  twenty  second  lieutenants,  forty 
sergeants,  forty  corporals,  and  eight  hundred  and  for- 
ty privates,  ten  drummers,  and  ten  lifers,  and  two  mu- 
sicians. 

604.  The  pay  and  emoluments  of  the  officers  and  en-  pba'y'a?n|' 
listed  men  shall  be  the  same  as  that  of  the  officers  and  emoluments 
enlisted  men  of  like  grade  in  the  infantry  of  the  army 

[70,  75,  632],  except  that  the  paymaster  and  the  adju- 
tant shall  receive  the  same  pay  as  the  quartermaster, 
and  the  adjutant  shall  be  taken  from  the  captains  and 
subalterns  of  the  corps,  and  separated  from  the  line. 

*  For  pay  of  officers  of  marine  corps  resigned  from  United  States  Marine  corps, 
and  who  were  arrested  and  imprisoned  in  consequence  thereof,  583. 
For  transfer  of  soldiers  to  marine  corps,  see  630,  631. 


214 


DIGEST    OF 


Rations'. 


Feb.  5, 1862 
ch.  66. 
Assignment 
to  any  duty 
connected 
with  the 
public  de- 
fence. 


Temporary 
rank  and 
command. 


April  10, 
1862.  \  1, 
ch.  23. 
Term  of  en- 
listments. 


Ibid,  I  2. 
Bounty. 


Ibid,  g  3. 
Appropria- 
tion for 
bounty. 


Sept.  24, 
1862.  ch.  9. 
Additional 
non-commis- 
sioned offi- 
cers and 
musicians. 


April  30, 
1863,   ch.  56. 
Clerks  to 
command- 
ant and 


The  rations  of  enlisted  marines  shall  be  the  rations 
allowed  by  law  to  seamen.  All  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

605.  That  the  second  section  of  an  act  entitled  "  An 
act  to  amend  an  act  to  provide  for  the  organization  of 
the  navy,  approved  March  sixteenth,  eighteen  hundred 
and  sixty-one,"  approved  May  twentieth,  eighteen  hun- 
dred and  sixty-one  [593],  and  the  act  entitled  "  An  act 
to  authorize  the  President  to  confer  temporary  rank 
and  command  on  officers  of  the  navy  doing  duty  with 
troops,"  approved  December  twenty-fourth,  eighteen 
hundred  and  sixty-one  [594],  be  so  amended  as  to  in- 
clude officers  of  the  marine  corps. 

606.  That  from  and  after  the  passage  of  this  act  en- 
listments in  the  marine  corps  shall  be  for  the  term  of 
the  existing  war,  or  for  the  period  of  three  years,  as 
the  recruit  may  elect  at  the  time  of  enlistment. 

607.  That  every  able-bodied  man  who  may  enlist 
and  be  received  into  the  marine  corps  shall  be  entitled 
to  a  bounty  of  fifty  dollars,  to  be  paid  at  the  time  of 
joining  the  corps,  and  every  non-commissioned  officer, 
musician,  and  private  now  in  the  marine  corps,  who 
may  have  enlisted  for  three  years,  shall  be  entitled  to 
receive  the  sum  of  forty  dollars,  as  an  equivalent  to 
bounty. 

608.  That  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act,  the  sum  of  forty  thousand  dol- 
lars is  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

609.  That  from  and  after  the  passage  of  this  act 
there  shall  be1  allowed  to  the  marine  corps,  in  addition 
to  the  number  of  non-commissioned  officers  and  mu- 
sicians allowed  by  the  first  section  of  the  act  of  Con- 
gress approved  May  twentieth,  eighteen  hundred  and 
sixty-one  [603],  twenty  sergeants,  twenty  corporals, 
twenty  drummers,  twenty  flfers,  and  two  principal 
musicians — each  principal  musician  to  receive  the  pay 
and  allowance  of  a  sergeant-major  [75]. 

610.  That  the  Secretary  of  the  Navy  be  and  he  is 
hereby  authorized  to  appoint  one  clerk  to  the  com" 
mandant  of  the  marine  corps,  and  one  clerk  to  the 


NAVAL    LAWS.  215 

quartermaster  of  the  marine  corps,  at  a  compensation  quartermas- 
not  to  exceed  fifteen  hundred  dollars  per  annum  each. 

III.  Seamen.* 

611.  The  pay  of  seamen  of  the  navy  shall  be  deter-  March  ie, 

r    J  J  1861,  g  4, 

mined  by  the  President,  and  may  be  altered  by  him  ch.  58. 
from  time  to  time  as  circumstances  may  require  [632]. 

612.  That  the  President  be  authorized  to  enlist  for  Dec.io,i86i 
the  war  any  additional  number  of  seamen,  not  to  ex-  Additional 
ceed  two  thousand,  that  the  exigencies  of  the  naval  be  enlisted, 
service,  and  the  defence  of  the  sea-coast  and  of  rivers 

and  harbors  may,  in  his  judgment,  render  necessary. 

613.  That  the  Secretary  of  the  Navy  is  hereby  au-  Jan.ie,i862 
thorized  to  give  a  bounty  of  fifty  dollars  to  all  persons  Bounty, 
enlisted  as  seamen,  who  shall  enlist  for  three  years  or 

for  the  war.  And  the  provisions  of  this  act  shall,  in 
like  manner,  extend  to  all  seamen  heretofore  enlisted 
who  will  extend  the  term  of  their  enlistment  to  three 
years  or  for  the  war — said  bounty  to  be  paid  at  the 
time  of  said  enlistment. 

614.  That  all  seamen  and  ordinary  seamen  now  in  April  2, 1863 
the  service  of  the   Confederate   States,  between  the  certain 
ages  of  eighteen  and  forty-five,  and  whose  term  of  tmuedin 
service  will  expire  before  the  end  of  the  war,  shall  be 
continued  in  the  service  for  three  years  from  the  date 

of  their  original  enlistment,  unless  the  war  shall  have 
sooner  ended. 


IV.    GlJNBOATSf  AND   VESSELS   OP    WAR. 

615.  That  the  President  be  and  he  is  hereby  author-  March  6, 

J  1861.  §  10, 

ized  to  purchase  or  charter,  arm,  equip,  and  man  such  ch.  26. 
merchant  vessels  and  steamships  or  boats  as  may  be  seis  &r  sea- 

board  and 

found  fit  or  easily  converted  into  armed  vessels,  and  general 
in   such  number  as  he  may  deem  necessary  for  the 
protection  of  the  seaboard  and  the  general  defence  of 
the  country. 

*  For  authority  to  employ,  see  573. 

For  transfer  from  army,  149, 150,  631. 
t  For  corps  for  special  service  on  Western  waters,  see  629. 

For  floating  defences  of  Mississippi  river,  see  199. 

For  defences  of  Mobile  bay,  see  200,  201. 


21(5  DIGEST    O*' 

i86i*h545        ®^'  ^hat  tae  President  be  and  he  is  hereby  author- 
Ten  steam     jze(j  to  cause  to  be  constructed  or  purchased  ten  steam 

gunboats  for  * 

coast  gunboats  for  coast  defence,  whereof  five  shall  be  of  a 

tonnage  not  exceeding  seven  hundred  and  fifty  tons, 
and  five  of  a  tonnage  not  exceeding  one  thousand 
tons. 

nSch%7861       61^'  T^at  in  addition   t0  tne  gunboats  heretofore 
Ihree  addi-    authorized  by  law,  the  President  be  and  he  is  hereby 

tional  for  J  '  * 

sea-coast       authorized,  in  his  discretion,  to  cause  to  be  construct- 

defence.  ' 

ed  three  others,  specially  adapted  to  sea-coast  defence, 
ibid,  §2.  618.  That   the   sum  of  four  hundred  and   twenty 

Appropna-  J 

tion-  thousand  dollars  be  and  the  same  is  hereby  appro- 

priated to  the  object  specified  in  the  foregoing  section. 
Aug. 29, lsei  619.  That  the  Secretary  of  the  Navy  be  and  he  is 
contracts      hereby  authorized,  in  case  he  should  deem  it  advis- 

for  building  J  7 

gunboats,      able,  to  contract  for  building  any  gunboats  for  which 

etc.,  without  "  .       .  is         J    is 

advertising    appropriations  have  been  or  may  be  made  during  the 

for  proposals 

present  or  any  previous  session  of  Congress,  or  for 
altering  other  vessels  so  as  to  convert  them  into  gun- 
boats, without  advertising  for  proposals  for  such  work, 
as  required  by  law :  Provided,  That  the  contracts  so 
made  shall  be  in  writing,  and  shall  be  placed  on  file  in 
the  Navy  department,  and  a  copy  thereof  deposited, 
without  delay,  in  the  office  of  the  Controller  of  the 
Treasury. 
April  n,  620.  That  the  above  entitled  act  r619~|  be  so  amend- 

1863,  ch.  18.  L  J 

Supplies.  ed  as  to  authorize  the  Secretary  of  the  Navy,  in  case 
he  should  deem  it  advisable,  to  contract  for  all  sup- 
plies required  for  the  navy,  without  advertising  for 
proposals  as  required  by  law  :  Provided,  [That]  this  act 
shall  expire  at  the  end  of  the  present  war. 

sept.  19,  621.  That  the  Secretary  of  the  Treasury  be  and  he 

1862,  ch.  4.  J  J 

issue  of        is   hereby  authorized   to   issue,   in    addition    to    the 

bonds  to  J  ' 

meet  con-      amounts  heretofore  authorized  to  be  issued,  three  mil- 
iron-ciad       lions   five  hundred  thousand  dollars  of  Confederate 
war  to  be      States  bonds,  under  the  provisions  and  conditions  of 
abroad.         the   act   entitled  "  An  act  to  authorize  the  issue  of 
treasury  notes,  and  to  provide  a  war  tax  for  their  re- 
demption/'   approved    August    nineteenth,   eighteen 
hundred  and  sixty-one,  and  by  the   further   supple- 
mental act  to  the  above  cited  act,  approved  December 


NAVAL    LAWS. 


217 


nineteenth,  eighteen  hundred  and  sixty-one,  to  meet  a 
contract  made  by  the  Secretary  of  the  Navy  for  six 
iron-clad  vessels  of  war  and  six  steam-engines  and 
boilers  complete,  to  be  constructed  abroad,  and  said 
bonds,  when  issued,  shall  be  delivered  to  the  persons 
entitled  to  them  under  the  above  recited  contract. 

622.  That  the  Secretary  of  the  Treasury  be  and  he  Jan.  9, 1864 
is  hereby  authorized,  upon  the  receipt  of  satisfactory  substitution 
evidence  that  eiajht  per  centum  bonds,  issued  by  him  others 

...>n,         oi  i  n     ^        -xt-  cancelled 

upon  the  requisitions  of  the  Secretary  ot  the  -Navy,  abroad, 
dated  October  the  eighteenth  and  twenty-seventh, 
eighteen  hundred  and  sixty-two,  for  one  million  of 
dollars  each,  have  been  cancelled  abroad,  to  substitute 
and  deliver  to  the  Secretary  of  the  Navy  an  equal 
number  of  bonds  of  like  character. 

623.  That  if  any  person  who  may  have  invented  or  May  21,  i86i 

n  •  n  1  1§2,  Ch.  50. 

may  hereafter  'invent  any  new  kind  01  armed  vessel,  inventions. 
or  floating  battery,  or  defence,  shall  deposit  a  plan  of 
the  same,  accompanied  by  suitable  explanations  or 
specifications,  in  the  Navy  department,  together  with 
an  affidavit  setting  forth  that  he  is  the  inventor  there-  ( 

of,  such  deposit  and  affidavit  (unless  the  facts  set  forth 
therein  shall  be  disproved)  shall  entitle  such  inventor 
or  his  assigns  to  the  sole  and  exclusive  enjoyment  of 
the  rights  and  privileges  conferred  by  this  act — reserv- 
ing, however,  to  the  government,  in  all  cases,  the  right 
of  using  such  invention. 

624.  That  the  Secretary  of  the  Treasury  pay  to  the  April  22, 
proper  authorities  of  the  State  of  Alabama  the  sum  Ch.  37?  ' 
of  ninety  thousand  dollars,  being  the  sum  paid  by  »  Florida;" 
said  state  for  the  steamer  Florida,  which  vessel  was  Paymentfor- 
turned  over  by  said  state  to  the  Confederate  States 

for  a  gunboat. 

625.  That  the  said  sum  of  ninety  thousand  dollars  iwd,  §2. 

"*  Said  sum  to 

be  paid  in  bonds  of  the  Confederate  States,  bearing  be  paid  in 

...  eight  per 

interest  at  the  rate  of  eight  per  centum  per  ann  um,  cent,  bonds. 
and  payable  at  not  less  than  twenty  nor  more  than 
thirty  years,  and  redeemable  at  the  option  of  the  gov- 
ernment, after  five  years— which  bonds  the  Secretary 
of  the  Treasury  is  authorized  to  issue. 


218  DIGEST    OF 


V.  Miscellaneous  Provisions. 
March  16,  626.  It  shall  be  the  duty  of  the  Secretary  of  the 

1861,  §8,  J  J 

ch.  58.  .Navy  to  prepare  and  publish  regulations  for  the  gen- 

Rcgulations  ,  r      r  l  b  b 

eral  government  of  all  persons  connected  with  or  em- 
ployed in  the  naval  service,  which  regulations  shall 
take  effect  as  soon  as  they  shall  be  approved  by  the 
President  and  published, 
ibid,  g  9.  627.  All  laws  of  the  United  States  heretofore  enact- 

TJ.  S.  laws 

continued      ed  for  the  government  of  the  officers,  seamen,  and 

in  force.  °  '  ' 

marines  of  the  Navy  of  the  United  States,  that  are  not 
inconsistent  with  the  provisions  of  this  act,  are  hereby 
adopted  and  applied  to  the  officers,  seamen,  and  ma- 
rines of  the  Navy  of  the  Confederate  States, 
ibid,  §io.  628.  The  President  may  determine  the  relative  and 

Relative  and  ** 

assimilated    assimilated  rank  which  officers  of  the  navy  shall  hold 

rank. 

toward  those  of  the  army. 
chn394'1862       ®^~  T^at  the  President  be  and  he  is  hereby  author- 
Corps  for       \zq6.  to  raise  a  corps  for  the  temporary  and  special 

service  on  L  L  J  r 

the  western  service  on  the  Western  waters,  to  cause  to  be  enlisted 

■waters. 

a  number  of  men  not  exceeding  six  thousand,  and  of 
such  commissioned  and  non-commissioned  officers,  and 
of  such  rank,  either  naval  or  military,  as  the  President 
may  deem  necessary,  who  shall  severally  receive  such 
pay  and  allowances  as  he  may  determine. 
Oct.  2, 1862        630.  That  from  and  after  the  passage  of  this   act 

§  1,  ch.  24.  l  & 

persons  sub-  any  person  subject  to  enrolment  for  military  service 

ject  to  enrol-  ■,         \ 

mentfor       under  the  acts  of  Congress  providing  for  the  public 

military  ser-  °.  x  .  * 

vice  may       defence,  shall  be  permitted  to  enlist  in  the  marine 

enlist  in  the  .  .  . 

marine         corps  at  any  time  prior  to  being  mustered  into  the 
Army  of  the  Confederate  States  :  Provided,  That  the  I 
number  of  men  so  enlisted  does  not  increase  the  ma- 
rine corps  beyond  the  strength  authorized  by  law. 

ibid,  §3.  631.  That  if  any  person  who  has  been  or  is  about  to 

Duty  of  en-  J   x 

rolling  be  enrolled  for  service  in  the  army  shall,  at  any  time 

before  being  assigned  to  any  company,  declare  to  the 
enrolling  or  commanding  officer  that  he  prefers  being 
enrolled  for  service  in  the  navy  or  the  marine  corps, 
it  shall  be  the  duty  of  the  said  officer  to  enroll  such 
person  for  the  service  which  he  may  prefer,  and  to 


NAVAL    LAWSr  219 

transmit  to  the  Secretary  of  the  Navy  a  list  of  the 
persons  so  enrolled. 

632.  That  from  and  after  the  passage  of  this  act  ibid,  §3. 
the  pay  of  sailors  and  marines  shall  be  increased  four  sailors  and 

,    ,,  ,  marines. 

dollars  per  month. 

633.  That  the   Secretary  of  the   Navy  be   and  is  April  4, 

J  J  1863,  ch.  15. 

hereby  authorized  to  employ  for  service  on  board  of  Empioy- 
3  1  ment  °f 

vessels,  used  or  owned  by  the  Confederate  States  for  pilots. 

purpose  of  running  the  blockade  of  any  of  the  ports 

of  the    Confederacy,  the  most  skilful  pilots,  ©n  such 

terms  as  to  him  shall  seem  best  and  requisite  to  secure 

their  services,  either  by  the  month  or  the  single  or 

round  voyage. 

634.  That  the  Secretary  of  the  Navy  be  and  he  is  April  27, 

.  .  1863,  ch.  42. 

hereby  authorized  to  lease,  for  a  period  not  exceeding  site  for  the 

n         -  •  •  -i  i-it  1  preparation 

live  years,  a  site,  with  or  without  buildings,  as  he  may  and  safe- 
deem  most  expedient,  near  the  City  of  Eichmond,  for  ordnance 
the  preparation  and  safe-keeping  of  ordnance  stores: 
Provided,  That  the  quantity  of  land  leased  does  not 
exceed  two  acres. 

635.  That  the  above  entitled  act*  be  so  amended  as  April  30, 

,  !  „  ,.  ,     n        1863,  ch.  54.+ 

to  embrace  the  impressment  01  supplies  required  tor  impress- 
the  navy  as  well  as  the  army.  supplies.  ■ 

636.  That  during  the  continuance  of  the  war  the  April  30, 

°  1863,  ch.  55. 

Secretary  of  the  Navy  be  and  he  is  hereby  authorized  Clothing  for 

If.  J  J  enlisted 

to  issue  clothing  to  the  enlisted  men  of  the  navy,  un-  men. 
der  such  regulations  as  he  may  prescribe,  at  an  ad- 
vance of  not  exceeding  fifty  per   centum  upon   the 
prices  at  which  such  supplies  were  furnished  afc  the 
commencement  of  the  war. 


XXV.-PROVISIONAL  NAVY. 

637.  Appointment  of  officers. 

638.  Transfer  from  the  Regular  Navy. 

639.  Officers  of  Regular  Navy  appointed  to  Provisional  Navy. 

640.  Officers  of  Regular  Navy  appointed  to  rank  of  admirals,  vice-ad- 

mirals, etc. 

*  "  An  act  to  regulate  impressments  "  [428]. 

t Title:  An  act  to  amend  an  act  entitled  "  An  act  to  regulate  impressments," 
approved  March  twenty-sixth,  eighteen  hundred  and  sixty-three  [428]. 


•220 


IMG  K  ST    OF 


641.  Assimilated  rank. 

642.  Pay. 

643.  Laws  and  regulations. 


May  1, 1863 
§1,  ch.85. 
Appoint- 
ment of 
officers. 


Ibid, I  2. 
Transfers 
from  the 
Regular 
Navy. 


Ibid,  I  3. 
Officers  of 
Regular 
Navy  ap- 
pointed to 
Provisional 
Navy. 

Ibid,  I  4. 
Officers  of 
Regular 
Navy  ap- 
pointed to 
rank  of 
admirals, 
vice-admi- 
rals, etc. 


Ibid,  I  5. 

Assimilated 

rank. 


Ibid,  I  6. 
Pay. 


637.  There  shall  be  a  Provisional  Navy  of  the  Con- 
federate States,  the  officers  of  which  shall  be  appoint- 
ed by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  hold  their  commissions  during 
the  present  war.  All  officers  appointed  from  the  Reg- 
ular Navy  shall  have,  at  its  formation,  the  same  rela- 
tive position  and  rank  they  held  in  the  Regular  Navy. 

638.  All  the  warrant  officers  who  may  be  fit  for 
active  service,  and  all  the  petty  officers,  seamen,  or- 
dinary seamen,  landsmen,  boys,  firemen,  coal-heavers, 
and  employees  of  every  description,  and  all  the  vessels, 
armament,  and  material  of  every  description  belonging 
to  the  navy  shall,  so  far  as  may  be  deemed  necessary 
by  the  President,  be  considered  as  transferred  to  and 
as  forming  part  of  the  Provisional  Navy ;  and  the 
President  is  hereby  authorized  to  appoint  such  addi- 
tional officers,  and  to  employ  such  petty  officers,  sea- 
men, ordinary  seamen,  landsmen,  boys,  firemen,  and 
coal-heavers  as  he  may  deem  necessary. 

639.  When  an  officer  of  the  Regular  Navy  is  ap- 
pointed to  the  Provisional  Navy,  such  appointment 
shall  not  alter  or  affect  his  rank  or  position  in  the 
Regular  Navy. 

640.  All  commissioned  officers  of  the  Regular  Navy 
shall  be  appointed  b}r  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  whenever,,  in  his 
judgment,  the  public  service  requires  their  appoint- 
ment, and  in  such  numbers  as  he  may  think  necessan^, 
to  the  following  ranks  and  grades,  viz:  Admirals, 
vice-admirals,  rear-admirals,  commodores,  and  to  such 
other  ranks  and  grades  as  may  exist  in  the  Regular 
Navy. 

641.  All  questions  in  regard  to  the  assimilated  rank 
between  officers  of  the  Provisional  Army  and  Provi- 
sional Navy,  and  between  officers  of  the  Regular  Navy 
and  Provisional  Navy,  shall  be  fixed  by  regulation. 

•     642.  Officers  of  the  Provisional  Navy  shall  be  paid 
as  follows :  Admirals,  the  same  as  is  now  fixed  by  law 


NAVAL    LAWS.  221 

for  admirals  in  the  Eegular  Navy  [589] ;  vice-admirals 
and  rear-admirals,  the  same  as  is  now  fixed  by  law  for 
flag-officers  in  the  Eegular  Navy  [574] ;  commodores, 
the  same  as  is  now  fixed  by  law  for  captains  in  the 
Eegular  Navy  [574].  -All  other  ranks,  grades,  and 
persons  the  same  that  similar  ranks,  grades,  and  per- 
sons receive  in  the  Eegular  Navy. 

643.  All  laws  and  regulations  for  the  govern ment  of  ibw,  §7. 

°  °  Laws  and 

the  Eegular  Navy  shall  apply  to  the  Provisional  Navy. 


XXVI -VOLUNTEER  NAVY. 

644.  Private  armed  vessels  received. 

645.  Vessels  armed  and  provided  at  the  expense  of  persons  applying 

for  service. 

646.  Grades  of  commissioned   officers.     Warrant  officers.     Pay.     Uni- 

form.    Descriptive  list,  shipping  articles,  etc 

647.  Authority  to  capture  enemy's  vessels  and  property.     Proceedings 

in  cases  of  prize. 

648.  Recaptures.     Salvage. 

649.  Bounty  for  vessels  destroyed  and  for  prisoners  captured. 

650.  Five  per  cent,  of  prize  and  compensation  money  to  be  paid  into 

the  Treasury  for  relief  of  the  wounded  and  others. 

651 .  Vessels,  officers,  and  crews  may  be  received  beyond  the  Confeder- 

ate States. 

652.  Assistant  paymasters.     Who  ineligible. 

653.  Not  to  apply  to  certain  persons  sent  abroad. 

644.  The  Congress  of  the  Confederate  States  of  Anleri-  APril  is, 
ca  do  enact,  That  the  President  of  the  Confederate  §i,  <*.  30. 

r*.  -11  i        ■        i  ••  i  .  Private  arm- 

htates  is  hereby  authorized  to  receive  into  the  service  ed  vessels 
of  the  government  private  armed  vessels,  to  be  organ- 
ized into  a  Volunteer  Navy,  and  to  appoint  and  com-  Appoint- 

.    .         _,  J        ,  ment  of  offl- 

misston  officers  for  the  same,  who  shall  serve  dun" nsr  cersforthe 

war. 

the  war,  unless  sooner  discharged,  under  rules  and 
regulations  hereinafter  prescribed,  and  such  as  may 
hereafter  be  established  :  Provided,  however,  That  no 
vessel  of  less  capacity  than  one  hundred  tons  shall  be 
received  into  said  volunteer  service. 

645.  Any  person  or  persons  applying  for  service  un-  ibid,  g2. 
der  this  act,  shall   arm,  man,  provide,  and  furnish  the  ed  and  pro- 
vessel  or  vessels  to  be  used  at  his  or  their  own  ex-  expense  of e 
pense,  and  shall  furnish  in  writing  to  the  Secretary  of  applying  for 
the  Navy  the  name,  armament,  and  character  of  such  se 
vessel  or  vessels,  and   the  names  of  the  persons  to  be 


222 


DIGEST    OF 


Ibid,  ?3. 
Grades  of 
commission- 
ed officers. 


"Warrant 
officers. 


Pay. 


Uniform. 


Descriptive 
list,  shipping 
articles,  etc. 


Ibid,  I  4. 
Authority  to 


commissioned  and  warranted  as  officers,  with  the  evi- 
dence of  their  character  and  fitness  for  the  service ; 
and  if,  in  the  judgment  of  the  President,  the  vessel  or 
vessels  shall  be  fit  for  the  service,  and  the  parties 
named  as  officers  be  worthy  to  command,  the  Presi- 
dent shall  be  authorized  to  receive  such  vessel  or  ves- 
sels into  the  Volunteer  Navy  of  the  Confederate  States 
of  America,  and  to  commission  the  officers  for  the  same 
to  serve  during  the  war,  unless  sooner  discharged. 

646.  The  grades  of  commissioned  officers  of  the  Vol- 
unteer Navy  shall  be  as  follows :  Commander,  first  lieu- 
tenant, second  lieutenant,  assistant  surgeon,  and  first 
and  second  assistant  engineers.  And  the  President 
may  direct  the  Secretary  of  the  Navy  to  issue  warrants 
to  such  masters,  boatswains,  gunners,  carpenters,  and 
sail-makers  as  he  may  deem  necessary  for  such  service  \ 
and  the  pay  of  the  officers  and  crew  shall  be  as  follows  : 
For  a  commander,  twenty-five  dollars  per  month ;  for 
a  first  lieutenant,  twenty  dollars  per  month ;  for  a  sec- 
ond lieutenant,  fifteen  dollars  per  month;  for  an  assist- 
ant surgeon,  fifteen  dollars  per  month ;  for  an  assistant 
engineer,  fifteen  dollars  per  month  ;  for  a  second  as- 
sistant engineer,  ten  dollars  per  month  -,  for  warrant 
officers,  ten  dollars  per  month ;  for  seamen,  five  dol- 
lars per  month  ;  but  such  pay  shall  be  given  only  for 
sea-service.  And  the  President  may  prescribe  a  uni- 
form for  the  officers  and  seamen ;  and  when  any  vessel 
or  vessels  shall  be  prepared  for  service,  and  received 
under  the  provisions  of  this  act,  it  or  they  shall  be  un- 
der the  control  and  direction  of  the  President,  and 
subject  to  all  the  laws,  rules,  and  regulations  of  the 
Begular  Navy  of  the  Confederate  States,  except  as 
otherwise  provided  for  in  this  act.  It  shall  be  the  duty 
of  the  commander  of  every  such  vessel  to  transmit  to 
the  Secretary  of  the  Navy,  as  early  as  practicable 
after  the  organization  of  his  crew,  a  descriptive  list 
thereof,  together  with  a  duplicate  of  their  shipping 
articles  or  enlistment  rolls,  and  of  the  contract  be- 
tween owners,  officers,  and  crew,  for  the  division  of 
prize-money. 

647.  That  the  vessels  of  the  Volunteer  Navy  are 


NAVAL    LAWS.  223 

authorized  to  seize,  capture,  and  destroy  upon  the  sea,  ™p*™J**~ 
or  within  the  ebb  and  flow  of  the  tide,  all  vessels  and  and  property 
property  of  the  United  States,  and  of  the  citizens  there- 
of; and  ninety  per  cent,  of  the  value  of  all  such  capt- 
ures, less  the  costs  and  expenses  of  adjudication,  shall 
be  forfeited,  and  accrue  to  the  benefit  of  the  owners, 
officers,  and  crews  of  the  vessels  making  such  captures; 
and  all  vessels  and  property  captured  as  aforesaid  shall  proceedings 
be  proceeded  against  and  adjudicated  as  in  other  cases  prize!68  °f 
of  prize  under  the  laws  of  the  Confederate  States  [661, 
662],  which  are  hereby  extended  over  tbe  same ;  and 
the  proceeds  accruing  from  such  condemnations  shall 
be  distributed  under  order  of  the  court  having  juris- 
diction thereof,  according  to  the  written  agreement 
between  the  parties  entitled  to  the  same ;  but  if  there 
be  no  such  written  agreement,  then  one-half  to  the 
owners  of  the  vessel,  and  the  other  half  to  the  officers 
and  crews,  according  to  the  rules  prescribed  for  the 
distribution  of  prize-money  in  the  Eegular  Navy. 

648.  All  vessels,  goods,  and  effects,  the  property  of  Ibid»  ?5- 
any  citizen  of  the  Confederate  States,  or  of  any  per- 
sons resident  in  and  under  the  protection  of  the  Con- 
federate States,  or  of  persons  permanently  within  the 
territories  and  under  the  protection  of  any  foreign 
prince,  government,  or  state  in  amity  with  the  Con- 
federate States,  which  shall  have  been  captured  by  the 

forces  of  the  United  States  of  America,  and  recaptur-  Recaptures. 
ed  by  vessels  commissioned  under  this  act,  shall  be  re- 
stored to  their  lawful  owners,  upon  payment  by  them 
of  a  just  and  reasonable  salvage,  to  be  determined  by  salvage, 
the  agreement  of  the  parties  mutually  concerned,  or 
by  the  decree  of  any  court  having  competent  jurisdic- 
tion. And  such  salvage  shall  be  distributed  amongst 
the  owners,  officers,  and  crews  of  the  vessels  making 
such  captures,  according  to  the  manner  and  upon  the 
principles  heretofore  provided  for  in  such  cases  of  capt- 
ure and  prize  [660]. 

649.  The  owners,  officers,  and  crews  of  vessels  com-  ibid,  §6. 

•    ii  •  Bounty  for 

missioned  under  this  act  shall  be  entitled  to  receive,  vessels  de- 
from  the  Treasury  of  the  Confederate  States,  twenty-  for  prisoners 
five  per  cent,  of  the  value  of  every  armed  vessel,  or  °ap  u' 


224 


DIGEST    OF 


Ibid,  §7. 
Ten  per  cent, 
of  prize  and 
compensa- 
tion money 
to  be  paid  in- 
to the  Treas- 
ury for  relief 
of  the 
wounded 
and  others. 


Feb.  11, 1864 
1 1,  ch.  30. 
Vessels,  offi- 
cers, and 
crews  may 
be  received 
beyond  the 
Confederate 
States. 


Ibid,  I  2. 
Assistant 
paymasters. 


Who  ineligi- 
ble. 


Feb.  17, 1864 
ch.  68. 
Not  to  apply 
to  certain 
persons  sent 
abroad. 


military  or  naval  transport  in  the  service  of  the  United 
States  which  they  may  burn,  sink,  or  destroy,  and  the 
sum  of  twenty-five  dollars  for  every  prisoner  captured 
on  board  such  vessel  or  transport,  and  brought  into 
the  Confederate  States.  And  the  Secretary  of  the 
Navy  is  hereby  authorized  to  distribute  the  compen- 
sation accruing  under  this  section  in  the  same  man- 
ner and  on  the  same  principles  as  hereinbefore  pro- 
vided in  cases  of  prize  and  capture  [659].  All  ques- 
tions of  relative  or  assimilated  rank  between  the  .Regu- 
lar and  Volunteer  Navy  shall  be  decided  by  the  Presi- 
dent. 

650.  The  remaining  ten  per  cent.  [647]  of  all  prize 
and  compensation  money  accruing  under  this  act  shall 
be  paid  into  the  Treasury  of  the  Confederate  States, 
to  be  held  by  the  government  as  a  fund  for  the  main- 
tenance of  such  persons  as  may  be  wounded,  and  of 
the  widows  and  orphans  of  those  slain  while  engaged 
in  such  service,  to  be  assigned  and  distributed  as  shall 
hereafter  be  provided  for  by  law. 

651.  That  the  act  entitled  "An  act  to  establish  a 
Volunteer  Navy,"  approved  April  eighteenth,  eighteen 
hundred  and  sixty-three  [644  et  seq.'],  be  so  amended 
that  the  President  be  and  he  is  hereby  authorized  to 
issue  the  commissions  and  warrants  contemplated  by 
said  act,  under  such  regulations  as  he  may  prescribe, 
to  applicants  for  service  in  the  Volunteer  Navy,  when 
satisfied  that  said  applicants  will  furnish  a  suitable 
vessel  for  said  service,  and  to  receive  into  the  Volun- 
teer Navy  said  vessel,  and  her  officers  and  crew,  within 
or  beyond  the  Confederate  States. 

652.  That  the  President  be  and  he  is  hereby  author- 
ized to  appoint  assistant  paymasters  for  the  Volunteer 
Navy,  who  shall  receive,  when  on  duty  at  sea,  fifteen 
dollars  per  month.  But  no  person  under  forty-five 
years  of  age,  and  liable  to  perform  military  duty,  shall 
receive  such  appointment. 

658.  That  the  second  section  of  the  aforesaid  act  of 
the  eleventh  February,  eighteen  hundred  and  sixty- 
four  [652],  shall  not  apply  to  any  persons  who,  prior 
to  the  passage  of  said  act,  had  been  sent  abroad  as 


NAVAL    LAWS.  225 

assistant  paymaster,  or  for  the  purpose  of  disbursing 
funds  in  the  purchase  or  equipment  of  vessels. 


XXVII.-MARITI1E  LAW. 

654.  Preamble.  Declaration  of  principles. 

654.  Whereas  the  Plenipotentiaries  of  Great  Britain,  r^3'1861 
Austria,  France,  Prussia,  Russia,  Sardinia,  and  Tur-  Preamble, 
key,  in  a  conference  held  at  Paris  on  the  16th  of  April, 
1856,  made  certain  declarations  respecting  maritime 
law,  to  serve  as  uniform  rules  for  their  guidance  in  all 
cases  arising  under  the  principles  thus  proclaimed  : 
And  whereas  it  being  desirable  not  only  to  attain 
certainty  and  uniformity,  as  far  as  may  be  practicable* 
in  maritime  law,  but  also  to  maintain  whatever  is  just 
and  proper  in  the  established  usages  of  nations,  the 
Confederate  States  of  America  deem  it  important  to 
declare  the  principles  by  which  they  will  be  governed 
in  their  intercourse  with  the  rest  of  mankind.  Now, 
therefore, 

Be  it  resolved,  by  the  Congress  of  the  Confederate  States  o/prindpC. 
of  America,  1.  That  we  maintain  the  right  of  priva- 
teering, as  it  has  been  long  established  by  the  practice 
and  recognized  by  the  law  of  nations. 

2.  That  the  neutral  flag  covers  enemy's  goods,  with 
the  exception  of  contraband  of  war. 

3.  That  neutral  goods,  with  the  exception  of  con- 
traband of  war,  are  not  liable  to  capture  under  ene- 
my's flag. 

4.  That  blockades,  in  order  to  be  binding,  must  be 
effectual — that  is  to  say,  maintained  by  a  force  suffi- 
cient really  to  prevent  access  to  the  coast  of  the  enemy. 


XXVIII.-PRIVATEERS  AND  PRIZES. 

655.  Preamble.    Letters  of  marque  and  reprisal.    Enemy's  property  on 

neutral  vessels.    United  States  vessels  in  ports  of  the  Con- 
federate States. 

656.  Revocation  of  letters  of  marque  and  reprisal. 

15 


226  DIGEST    OF 

657-  Application  for  letters  of  marque  and  reprisal. 

658.  Bond. 

659.  Captures  and  prizes ;  how  distributed. 

660.  Recapture  of  vessels   belonging  to    Confederate  States   citizens. 

Salvage. 

661.  Captured  vessels  to  be  taken  before  the  courts  for  condemnation 

before  breaking  bulk.     District  court  to  have  exclusive  orig- 
inal cognizance  when  brought  within  the  Confederate  States. 

662.  Authority  to  break  bulk  in  certain  cases. 

663.  Persons  on  board  of  captured  or  recaptured  vessels  to  be  reported 

to  collector  and  delivered  to  the  marshal. 

664.  Unarmed  vessels  ;  their  officers,  crews,  and  passengers. 

665.  Instructions. 

666.  Bounty  for  vessels  destroyed  and  for  prisoners  captured. 

667.  Payment  in  addition  to  bounty  of  twenty  per  centum  on  the  value 

of  every  vessel  of  war  destroyed.     Valuation  ;  how  made. 

668.  Bounty  not  allowed  for  prisoners  in  certain  cases. 

669.  Evidence  to  establish  value  of  armed  vessels  and  their  armaments 

when  destroyed. 

670.  Bounty  for  destroying  armed  vessels  by  new  inventions. 

671.  Inventions  of  new  kinds  of  armed  vessels,  etc. 

672.  Journal  to  be  kept  by  the  commander  of  every  privateer.  Delivery 

of  journal  to  collector  of  customs.     Duty  of  collector  on  ar- 
rival of  vessels. 

673.  Penalty  for  violating  the  foregoing  provisions. 

674.  Violation  of  revenue  laws. 

675.  Deduction  of  duties  on  captured  goods  brought  into  the  Confeder- 

ate States. 

676.  Fund  for  support  of  the  widows  and  orphans  of  persons  slain  on 

board  of  privateers,  and  for  support  of  the  disabled. 

677.  Prizes  to  be  sold  at  auction  by  the  marshal  of  the  district  in 

which  they  are  condemned. 

678.  Prizes  to  be  sold  in  certain  cases  by  the  marshal  of  the  adjoining 

district. 

679.  Distribution  of  proceeds  of  sales. 

680.  Marshal's  commissions. 

681.  Account  of  sales  to  be  filed. 

682.  Removal  of  prizes  before  libel  is  filed. 

683.  Purchaser  may  change  name  of  vessel. 

684.  Relinquishment   of   government   claim   for   vessels   captured    by 

Captain  Hollins  and  others. 

May  6,1861,       655.  Recognizing  the  existence  of*  war  between  the 
Preamble.      United  States  and  the  Confederate  States:  and  con- 
cerning letters  of  marque,  prizes,  and  prize  goods. 

Whereas  the  earnest  efforts  made  by  this  govern- 
ment to  establish  friendly  relations  between  the  G-ov- 
ernment  of  the  United  States  and  the  Confederate 
States,  and  to  settle  all  questions  of  disagreement  be- 
tween the  two  governments  upon  principles  of  right, 
justice,  equity,  and  good  faith,  have  proved  unavailing 
by  reason  of  the  refusal  of  the  Government  of  the 
United  States  to  hold  any  intercourse  with  the  com- 
missioners appointed  by  this  government  for  the  pur- 
poses aforesaid,  or  to  listen  to  any  proposals  they  had 
to  make  for  the  peaceful  solution  of  all  causes  of  dim- 


NAVAL    LAWS.  227 

culty  between  the  two  governments :  and  whereas 
the  President  of  the  United  States  of  America  has 
issued  his  proclamation  making  requisition  upon  the 
states  of  the  American  Union  for  seventy-five  thou- 
sand men  for  the  purpose,  as  therein  indicated,  of  capt- 
uring forts  and  other  strongholds  within  the  juris- 
diction of  and  belonging  to  the  Confederate  States  of 
America,  and  has  detailed  naval  armaments  upon  the 
coasts  of  the  Confederate  States  of  America,  and 
raised,  organized,  and  equipped  a  large  military  force 
to  execute  the  purpose  aforesaid,  and  has  issued  his 
other  proclamation  announcing  his  purpose  to  set  on 
foot  a  blockade  of  the  ports  of  the  Confederate  States : 
and  whereas  the  State  of  Virginia  has  seceded  from 
the  Federal  Union  and  entered  into  a  convention  of 
alliance  offensive,  and  defensive  with  the  Confederate 
States,  and  has  adopted  the  Provisional  Constitution 
of  the  said  states;  and  the  States  of  Maryland,  North 
Carolina,  Tennessee,  Kentucky,  Arkansas,  and  Mis- 
souri have  refused,  and  it  is  believed  that  the  State  of 
Delaware  and  the  inhabitants  of  the  Territories  of 
Arizona  and  New  Mexico,  and  the  Indian  territory 
south  of  Kansas,  will  refuse,  to  co-operate  with  the 
Government  of  the  United  States  in  these  acts  of  .hos- 
tilities and  wanton  aggression,  which  are  plainly  in- 
tended to  overawe,  oppress,  and  finally  subjugate  the 
people  of  the  Confedei-ate  States:  and  whereas,  by  the 
acts  and  means  aforesaid,  war  exists  between  the 
Confederate  States  and  the  Government  of  the  United 
States  and  the  states  and  territories  thereof,  except 
the  States  of  Maryland,  North  Carolina,  Tennessee, 
Kentucky,  Arkansas,  Missouri,  and  Delaware,  and  the 
Territories  of  Arizona  and  New  Mexico,  and  the  In- 
dian territory  south  of  Kansas :     Therefore, 

The  Congress  of  the  Confederate  States  of  America  do 
enact.  That  the  President  of  the  Confederate  States  is 
hereby  authorized  to  use  the  whole  land  and  naval 
force  of  the  Confederate  States  to  meet  the  war  thus 
commenced,  and  to  issue  to  private   armed  vessels  Letters  of 

,  „  .      marque  and 

commissions,  or  letters  or  marque  and  general  repri-  reprisal. 


228  DIGEST    OF 

sal,  in  such  form  as  he  shall  think  proper,  under  the 

seal  of  the  Confederate  States,  against  the  vessels, 

goods,  and  effects  of  the  Government  of  the  United 

States,  and  of  the  citizens  or  inhabitants  of  the  states 

Enemy's       and  territories  thereof :  Provided,  however,  That  prop- 
property  on  i  . 
neutral         erty  of  the  enemy  (unless  it  be  contraband  of  war), 

laden  on  board  a  neutral  vessel,  shall  not  be  subject  to 

u.  s.  vessels  seizure   under   this   act :  And  provided,  further,  That 

the  con-        vessels  of  the  citizens  or  inhabitants  of  the  United 

states.  States,  now  in  the  ports  of  the  Confederate  States, 

except   such  as   have   been   since  the  fifth  of  April 

last,  or  may  hereafter  be,  in  the  service  of  the  G-ov- 

ernment  of  the  United  States,  shall  be  allowed  thirty 

days  after  the  publication  of  this  act  to  leave  said 

ports  and  reach  their  destination;  and  such  vessels 

and  their  cargoes,  excepting  articles  contraband  of 

war,  shall  not  be  subject  to  capture  under  this  act 

during  said  period,  unless  they  shall  have  previously 

reached  the  destination  for  which  they  were  bound  on 

leaving  said  ports. 

rwd, §2.  656.  That  the  President  of  the  Confederate  States 

Revocation  .  ,  '  -: 

of  letters  of   shall  be  and  he  is  hereby  authorized  and  empowered 

marque  and  * 

reprisal.  to  revoke  and  annul,  at  pleasure,  all  letters  oi  marque 
and  reprisal  which  he  may  at  any  time  grant  pursuant 
to  this  act. 

ibid,  g  a.  657.  That  all  persons  applying  for  letters  of  marque 

Applications  .  x  rr/       °  ,  J 

for  letters  of  and  reprisal,  pursuant  to  this  act,  shall  state  in  writing 

marque  and  -iii  ..  ,. 

reprisal.  the  name,  and  a  suitable  description  of  the  tonnage 
and  force  of  the  vessel,  and  the  name  and  place  of 
residence  of  each  owner  concerned  therein,  and  the 
intended  number  of  the  crew — which  statement  shall 
be  signed  by  the  person  or  persons  making  such  ap- 
plication, and  filed  with  the  Secretary  of  State,  or 
shail  be  delivered  to  any  other  officer  or  person  who 
shall  be  employed  to  deliver  out  such  commissions,  to 
be  by  him  transmitted  to  the  Secretary  of  State. 

ibid^4-  658.  That   before   any   commission    or    letters    of 

marque  and  reprisal  shall  be  issued  as  aforesaid,  the 
owner  or  owners  of  the  ship  or  vessel  for  which  the 
same  shall  be  requested,  and  the  commander  thereof 


XAVAL    LAWS.  229 

for  the  time  being,  shall  give  bond*  to  the  Confeder- 
ate States,  with  at  least  two  responsible  sureties  not 
interested  in  such  vessel,  in  the  penal  sum  of  five 
thousand  dollars,  or  if  such  vessel  be  provided  with 
more  than  one  hundred  and  fifty  men,  then  in  the 
penal  sum  of  ten  thousand  dollars,  with  condition  that 
the  owners,  officers,  and  crew  who  shall  be  employed  on 
board  such  commissioned  vessel  shall  and  will  observe 
the  laws  of  the  Confederate  States,  and  the  instruc- 
tions which  shall  be  given  them  according  to  law  for 
the  regulation  of  their  conduct,*  and  will  satisfy  all 
damages  and  injuries  which  shall  be  done  or  commit- 
ted contrary  to  the  tenor  thereof  by  such  vessel  dur- 
ing her  commission,  and  to  deliver  up  the  same  when 
revoked  by  the  President  of  the  Confederate  States. 

659.  That  all  -captures  and  prizes  of  vessels  and  ibid,? 5. 
property  shall   be  forfeited  and  shall  accrue  to  the  and  prizes; 
owners,  officers,  and  crews  of  the  vessels  by  whom  uted. 
such   captures  and  prizes  shall  be  made,  and  on  due 
condemnation  had  shall  be  distributed  according  to 

any  written  agreement  which  shall  be  made  between 
them ;  and  if  there  be  no  such  written  agreement, 
then  one  moiety  to  the  owners,  and  the  other  moiety 
to  the  officers  and  crew,  aS  nearly  as  may  be,  accord- 
ing to  the  rules  prescribed  for  the  distribution  of  prize- 
money  by  the  laws  of  the  Confederate  States. 

660.  That  all  vessels,  goods,  and  effects,  the  prop-  iwd,§6. 

{  '  Recapture  of 

erty  of  any  citizen  of  the  Confederate  States,  or  of  vessels 

•       .  ,  •   1  .  ,  t  .  n  belonging  to 

persons  resident  withm  and  under  the  protection  of  Confederate 

States 

the  Confederate  States,  or  of  persons  permanently  citizens, 
within  the  territories  and  under  the  protection  of  any 
foreign  prince,  government,  or  state  in  amity  with  the 
Confederate  States,  which  shall  have  been  captured 
by  the  United  States,  and  which  shall  be  recaptured 
by  vessels  commissioned  as  aforesaid,  shall  be  restored 
to  the  lawful  owners,  upon  payment  by  them  of  a  just 
and  reasonable  salvage,  to  be  determined  by  the  mu- 
tual agreement  of  the  parties  concerned,'  or  by  the 
decree  of  any  court  having  jurisdiction,  according  to 
the  nature  of  each  case,  agreeably  to  the  provisions 

*  See  Appendix — "  President's  instructions  to  private  armed  vessels." 


280 


DIGEST    OF 


Salvage. 


Ibid,  §  7. 
Captured 
vessels  to  be 
taken  before 
the  courts 
for  condem- 
nation, 
before 
breaking 
bulk. 


District 
courts  to 
have  exclu- 
sive original 
cognizance 
when 
brought 
within  the 
Confederate 
States. 


Aug.  30. 1861 
?1,  ch.  64. 
Authority  to 
break  bulk 
in  certain 
cases. 


established  by  law.  And  such  salvage  shall  be  dis- 
tributed among  the  owners,  officers,  and  crews  of  the 
vessels  commissioned  as  aforesaid  and  making  such 
captures,  according  to  any  written  agreement  which 
shall  be  made  between  them ;  and  in  case  of  no  such 
agreement,  then  in  the  same  manner  and  upon  the 
principles  hereinbefore  provided  in  cases  of  capture. 

661.  That  before  breaking  bulk  [662]  of  any  vessel 
which  shall  be  captured  as  aforesaid,  or  other  disposal 
or  conversion  thereof,  or  of  any  articles  which  shall 
be  found  on  board  the  same,  such  captured  vessel, 
goods,  or  effects  shall  be  brought  into  some  port  of 
the  Confederate  States,  or  of  a  nation  or  state  in  amity 
with  the  Confederate  States,  and  shall  be  proceeded 
against  before  a  competent  tribunal;  and  after  con- 
demnation and  forfeiture  thereof  shall  belong  to  the 
owners,  officers,  and  crew  of  the  vessel  capturing  the 
same,  and  be  distributed  as  before  provided ;  and  in 
the  case  of  all  captured  vessels,  goods,  and  effects 
which  shall  be  brought  within  the  jurisdiction  of  the 
Confederate  States,  the  district  courts  of  the  Con- 
federate States  shall  have  exclusive  original  cogni- 
zance thereof,  as  the  civil  causes  of  admiralty  and 
maritime  jurisdiction;  and  the  said  courts,  or  the 
courts,  being  courts  of  the  Confederate  States,  into 
which  such  cases  shall  be  removed,  and  in  which  they 
shall  be  finally  decided,  shall  and  may  decree  restitu- 
tion, in  whole  or  in  part,  when  the  capture  shall  have 
been  made  without  just  cause.  And  if  made'  without 
probable  cause,  may  order  and  decree  damages  and 
costs  to  the  party  injured,  for  which  the  owners  and 
commanders  of  the  vessels  making  such  captures,  and 
also  the  vessels,  shall  be  liable. 

662.  That  the  seventh  section  of  the  first  above  re- 
cited act  [661]  be  so  amended  as  to  permit  and  author- 
ize the  breaking  of  bulk  and  the  removal,  by  the  cap- 
tors, of  the  whole  or  any  part  of  the  goods  found  on 
board  a  captured  vessel,  whenever  such  removal  may 
be  necessary  for  the  safe  carriage  of  such  vessel  into 
port,  and  also  in  all  cases  where,  by  grounding  or 
otherwise,   the   securing   of  the   cargo,  or  any  part 


NAVAL    LAWS.  281 

thereof,  may  require  the  removal :  Provided,  That  the 
person  in  command  of  the  vessel  making  such  capture 
shall,  as  soon  as  practicable  after  landing  the  cargo, 
or  any  part  thereof,  cause  an  exact  inventory  of  the 
same  to  be  made  by  the  nearest  magistrate,  wherein 
shall  be  specified  each  and  every  article  so  landed, 
and  the  marks,  if  any  thereon,  and  forward  the  same 
immediately  to  the  collector  of  the  nearest  port ;  the 
property  so  landed  shall  remain  in  the  custody  of  such 
magistrate,  and  he  shall  retain  possession  thereof  un- 
til the  same  can  be  delivered  to  the  marshal;  and  the 
court  before  which  such  cargo  shall  be  brought,  in 
case  the  same  be  condemned,  may  allow  such  compen- 
sation to  the  magistrate  as  to  the  court  may  seem  just 
and  proper:  And  provided,  further,  That  when  such 
removal  shall  be  made  for  the  purpose  of  lightening 
over  bars  and  shoals,  and  the  goods  removed  shall,  as 
soon  thereafter  as  practicable,  be  returned  on  board 
the  prize  vessel,  the  same  may  be  carried  to  port  as  if 
no  removal  had  been  made ;  and  no  delivery,  as  pro- 
vided in  the  preceding  clause,  to  a  magistrate  shall  be 
required. 

663.  That  all  persons  found  on  board  anv  captured  May  6,  i86i 

r  J  r  §  8,  ch.  3. 

vessels,  or  on  board  any  recaptured  vessel,  shall  be  Persons  on 
reported  to  the  collector  of  the  port  in  the  Confeder-  captured  or 
ate  States  in  which  they  shall  first  arrive,  and  shall  vessels. 
be  delivered  into  the  custody  of  the  marshal  of  the 
district,  or  some  court  or  military  officer  of  the  Con- 
federate States,  or  of  any  state  in  or  near  such  port, 
who  shall  take  charge  of  their  safe-keeping  and  sup- 
port, at  the  expense  of  the  Confederate  States. 

664.  That  the  eighth  section  [663]  of  the  act  enti-  ffiJh'w*1 
tied  "  An  act  recognizing  the  existence  of  war  between  unarmed 

°  °  vessels;  their 

the  United  States  and  the  Confederate  States,  and  con-  officers, 

crews,  and 

cerning  letters  of  marque,  prizes,  and  prize  goods,"  passengers, 
shall  not  be  so  construed  as  to  authorize  the  holding  as 
prisoners  of  war  the  officers  or  crew  of  any  unarmed 
vessel,  nor  any  passenger  on  such  vessels,  unless  such 
passengers  be  persons  employed  in  the  public  service 
of  the  enemy. 


&J2 


DIGEST    OF 


May  6, 1861 
?  9,  ch.  3. 
Instructions 


Ibid,  3  10. 
Bounty  for 
vessels 
destroyed. 


Bounty  for 

prisoners 

captured. 


May  21, 1861 
1 1.  ch.  50. 
Payment,  in 
addition  to 
bounty,  of 
20  per  cent, 
on  the  value 
of  every  ves- 
sel of  war 
destroyed. 


Valuation ; 
how  made. 


665.  That  the  President  of  the  Confederate  States  is 
hereby  authorized  to  establish  and  order  suitable  in- 
structions* for  the  better  governing  and  directing  the 
conduct  of  the  vessels  so  commissioned,  their  officers, 
and  crews,  copies  of  which  shall  be  delivered  by  the 
collector  of  the  customs  to  the  commanders,  when  they 
shall  give  bond,  as  provided. 

666.  That  a  bounty  shall  be  paid  by  the  Confederate 
States  of  twenty  dollars  for  each  person  on  board  any 
armed  ship  or  vessel  belonging  to  the  United  States 
at  the  commencement  of  an  engagement,,  which  shall 
be  burnt,  sunk,  or  destroyed  by  any  vessel  commission- 
ed as  aforesaid,  which  shall  be  of  equal  or  inferior  force, 
the  same  to  be  divided  as  in  other  cases  of  prize-money ; 
and  a  bounty  of  twenty-five  dollars  shall  be  paid  to 
the  owners,  officers,  and  crews  of  the  private  armed 
vessels  commissioned  as  aforesaid,  for  each  and  every 
prisoner  [668]  by  them  captured  and  brought  into 
port,  and  delivered  to  an  agent  authorized  to  receive 
them,  in  any  port  of  the  Confederate  States;  and  the 
Secretary  of  the  Treasury  is  hereby  authorized  to 
pay.  or  cause  to  be  paid,  to  the  owners,  officers,,  and 
crews  of  such  private  armed  vessels  commissioned 
as  aforesaid,  or  their  agent,  the  bounties  herein  pro- 
vided. 

667.  That  the  tenth  section  of  the  above  entitled 
act  be  so  amended  that,  in  addition  to  the  bounty  there- 
in mentioned,  the  Government  of  the  Confederate 
States  will  pay  to  the  cruiser  or  cruisers  of  any  private 
armed  vessel  commissioned  under  said  act,  twenty  per 
centum  [666]  on  the  value  of  each  and  every  vessel  of 
war  belonging  to  the  enemy  that  may  be  sunk  or  de- 
stroyed by  such  private  armed  vessel  or  vessels,  the 
value  of  the  armament  to  be  included  in  the  estimate. 
The  valuation  [669]  to  be  made  by  a  board  of  naval 
officers  appointed,  and  their  award  to  be  approved  by 
the  President,  and  the  amount  found  to  be  due  to  be 
payable  in  eight  per  cent,  bonds  of  the  Confederate 
States. 


*  See  Appendix — "  President's  instructions  to  private  armed  vessels." 


NAVAL    LAWS.  2SltJ 

668.  That  the  tenth  section  of  the  above  recited  act  May  21  lsei 

jj  3.  en.  59. 

[666]  shall  not  be  so  construed  as  to  allow  a  bounty  for  f1°"^yi^0rt 
prisoners  captured  on  vessels  of  the  enemy  and  brought  prisoners  m 

r  r  "  °         certain  cases 

into  port,  unless  such  prisoners  were  captured  on  board 
of  an  armed  ship  or  vessel  of  the  enemy  of  equal  or 
superior  force  to  that  of  the  private  armed  vessel 
making  the  capture. 

669.  That  the  first  section  of  the  above  entitled  act  A„Pril3°«  „ 

1863,  ch.  57. 

[667]  be  so  amended  that  the  board  of  naval  officers  Evidence  to 

*-  J  establish 

therein  provided  for  to  make  valuation  of  any  armed  value  of  arm- 
vessel  and  its  armament,  sunk  or  destroyed  under  the  and  their  ar- 

•    •  n  ini  1  i-         1       '•         maments 

provisions  or  said  act,  shall  have,  and  are  hereby  in-  destroyed, 
vested  with,  power  to  take  and  receive  such  depositions, 
affidavits,  official  reports,  and  other  evidence,  written 
or  oral,  as  they  may  deem  necessary  to  enable  them  to 
make  the  valuation  required  by  said  act. 

670.  That  the  first  section  of  the  above  entitled  act  April  21, 

1862,   ch.  71. 

[667]  be  so  amended  that,  in  case  any  person  or  per-  Bounty  for 

,      „   .  ,  u-  destroying 

sons  shall  invent  or  construct  any  new  machine  or  en-  armed  ves- 
,  .  1     i   r>      1  1      sels  by new 

gine,  or  contrive  any  new  method  for  destroying  the  inventions. 

armed  vessels  of  the  enemy,  he  or  they  shall  receive 

fifty  per  centum  of  the  value  of  each  and  every  such 

vessel  that  may  be  sunk  or  destroyed,  by  means  of 

such  invention  or  contrivance,  including  the  value  of 

the  armament  thereof,  in  lieu  of  twenty  per.  centum, 

as  provided  by  said  act. 

671.  That  if  any  person  who  may  have  invented  or  f^J^'™61 
may  hereafter  invent  any  new  kind  of  armed  vessel,  inventions 

■7         .  *  'of  new  kinds 

or  floating  battery,  or  defence,  shall  deposit  a  plan  of  of  armed 
the  same,  accompanied  by  suitable  explanations  or  spe- 
cifications, in  the  Navy  department,  together  with  an 
affidavit  setting  forth  that  he  is  the  inventor  thereof, 
such  deposit  and  affidavit  (unless  the  facts  set  forth 
therein  shall  be  disproved)  shall  entitle  such  inventor 
or  his  assigns  to  the  sole  and  exclusive,  enjoyment  of 
the  rights  and  privileges  conferred  by  this  act,  reserv- 
ing, however,  to  the  government,  in  all  cases,  the  right 
of  using  such  invention. 

672.  That  the  commanding  officer  of  every  vessel  fH\^ 
having  a  commission  or  letters  of  marque  and  reprisal,  £° 'J™*1  ^° 
during  the  present  hostilities  between  the  Confederate  the  com- 


334 


DIGEST    OF 


mander  of 
every  priva- 
teer. 


Delivery   of 
journal  to 
collector  of 
customs. 


Duty  of 

collector  on 
arrival  of 
vessel. 


States  and  the  United  States,  shall  keep  a  regular 
journal,  containing  a  true  and  exact  account  of  his 
daily  proceedings  and  transactions  with  such  vessel 
and  the  crew  thereof;  the  ports  and  places  he  shall 
put  into  or  cast  anchor  in  ;  the  time  of  his  stay  there, 
and  the  cause  thereof;  the  prizes  he  shall  take,  and 
the  nature  and  probable  value  thereof;  the  times  and 
places  when  and  where  taken,  and  in  what  manner  he 
shall  dispose  of  the  same  ;  the  ships  or  vessels  he  shall 
fall  in  with ;  the  times  and  places  when  and  where  he 
shall  meet  with  them,  and  his  observations  and  re- 
marks thereon  ;  also,  of  whatever  else  shall  occur  to 
him,  or  any  of  his  officers  or  marines,  or  be  discovered 
by  examination  or  conference  with  any  marines  or  pas- 
sengers of  or  in  any  other  ships  or  vessels,  or  by  any 
other  means,  touching  the  fleets,  vessels,  and  forces  of 
the  United  States,  their  posts  and  places  of  station, 
and  destination,  strength,  numbers,  intents,  and  de- 
signs ;  and  such  commanding  officer  shall,  immediate- 
ly on  his  arrival  in  any  port  of  the  Confederate  States, 
from  or  during  the  continuance  of  any  voyage  or  cruise, 
produce  his  commission  for  such  vessel,  and  deliver  up 
such  journal,  so  kept  as  aforesaid,  signed  with  his  prop- 
er name  and  handwriting,  to  the  collector  or  other 
chief  officer  of  the  customs  at  or  nearest  to  such  port — 
the  truth  of  which  journal  shall  be  verified  by  the  oath 
of  the  commanding  officer  for  the  time  being.  And 
such  collector  or  other  chief  officer  of  the  customs  shall, 
immediately  on  the  arrival  of  such  vessel,  order  the 
proper  officer  of  the  customs  to  go  on  board  and  take 
an  account  of  the  officers  and  men,  the  number  and 
nature  of  the  guns,  and  whatever  else  shall  occur  to 
him,  on  examination,  material  to  be  known  ;  and  no 
such  vessel  shall  be  permitted  to  sail  out  of  port  again 
until  such  journal  shall  have  been  delivered  up,  and  a 
certificate  obtained  under  the  hand  of  such  collector 
or  other  chief  officer  of  the  customs,  that  she  is  manned 
and  armed  according  to  her  commission ;  and  upon 
delivery  of  such  certificate,  any  former  certificate  of  a 
like  nature  which  shall  have  been  obtained  by  the 
commander  of  such  vessel,  shall  be  delivered  up. 


NAVAL    LAWS.  235 

(573.  That  the  commanders  of  vessels  having  letters  p^f12^,. 
of  marque  and  reprisal  as  aforesaid,  neglecting  to  keep  violating  the 
a  journal  as  aforesaid,  or  wilfully  making  fraudulent  provisions, 
entries  therein,  or  obliterating  the  record  of  any  ma- 
terial transaction  contained  therein,  where  the  inter- 
est of  the  Confederate  States  is  concerned,  or  refusing 
to  produce  and  deliver  such  journal,  commission,  or 
certificate,  pursuant  to  the  preceding  section  of  this  act, 
then  and  in  such  cases  the  commissions  or  letters  of 
marque  and  reprisal  of  such  vessels  shall  be  liable  to 
be  revoked;  and  such  commanders  respectively  shall 
forfeit  for  every  such  offence  the  sum  of  one  thousand 
dollars,  one  moiety  thereof  to  the  use  of  the  Confed- 
erate States,  and  the  other  to  the  informer. 

674.  That  the  owners  or  commanders  of  vessels  ha  v-  ibid,  §  13. 
ing  letters  of  marque  and  reprisal  as  aforesaid,  who  revenueiaws 
shall  violate  any  of  the  acts  of  Congress  for  the  col- 
lection of  the  revenue  of  the  Confederate  States,  and 

for  the  prevention  of  smuggling,  shall  forfeit  the  com- 
mission or  letters  of  marque  and  reprisal,  and  they  and 
the  vessels  owned  or  commanded  by  them  shall  be  lia- 
ble to  all  the  penalties  and  forfeitures  attaching  to 
merchant  vessels  in  like  cases. 

675.  That  on  all  goods,  wares,  and  merchandize  capt-  I.bi?'2.w-  f 
ured,  and  made  good  and  lawful  prizes  of  war,  by  any  duties  °n 

°  r  '     •>         J     captured 

private  armed  ship  having  commission  or  letters  of  goods 

r  jo  brought  into 

marque  and  reprisal  under  this  act,  and  brought  into  the  confed- 

^  L  >  to  erate  states. 

the  Confederate  States,  there  shall  be  allowed  a  deduc- 
tion of  thirty-three  and  one-third  per  cent,  on  the 
amount  of  duties  imposed  by  law. 

676.  That  five  per  centum  on  the  net  amount  (after  S^^' 
deducting  all  charges  and  expenditures)  of  the  prize-  support  of 
money  arising  from  captured  vessels  and  cargoes,  and  and  orphans 

-,  .  ,  a  of  persons 

on  the  net  amount  of  the  salvage  of  vessels  and  car-  siainon 

0  board  of 

goes  recaptured  by  private  armed  vessels  of  the  Con-  privateers, 
&  r  J  1  and  for  sup- 

federate  States,  shall  be  secured  and  paid  over  to  the  port  of  the 

11  1  •    n       m  n  disabled. 

collector  or  other  chief  officer  of  the  customs  at  the 
port  or  place  in  the  Confederate  States  at  which  such 
captured  or  recaptured  vessels  may  arrive,  or  to  the 
consul  or  other  public  agent  of  the  Confederate  States 
residing  at  the  port  or  place  not  within  the  Confederate 


286 


DIGEST    OF 


May  14, 1861 
\  1,  ch.  18. 
Prizes  to  be 
sold  at  auc- 
tion by  the 
marshal  of 
the  district 
in  which 
they  are 
condemned. 


Aug.  30, 
1861.  g  2, 
ch.  64. 
Prizes  to  be 
sold  in  cer- 
tain cases 
by  the  mar- 
shal of  the 
adjoining 
district. 


States  at  which  such  captured  or  recaptured  vessel  may 
arrive.  And  the  moneys  arising  therefrom  shall  be 
held  and  are  hereb}T  pledged  by  the  Government  of  the 
Confederate  States  as  a  fund  for  the  support  and  main- 
tenance of  the  widows  and  orphans  of  such  persons  as 
may  be  slain,  and  for  the  support  and  maintenance  of 
such  persons  as  may  be  wounded  and  disabled  on  board 
of  the  private  armed  vessels  commissioned  as  afore- 
said, in  any  engagement  with  the  enemy,  to  be  assign- 
ed and  distributed  in  such  manner  as  shall  hereafter  be 
provided  by  law. 

677.  That  all  prizes  of  vessels  and  property  captured 
by  private  armed  ships,  in  pursuance  of  the  act  pass- 
ed by  Congress  recognizing  the  existence  of  war  be- 
tween the  United  States  and  the  Confederate  States, 
and  concerning  letters  of  marque,  prizes,  and  prize 
goods  [655],  which  may  be  condemned  in  any  court 
of  the  Confederate  States,  shall  be  sold  at  public  auc- 
tion by  the  marshal  of  the  district  in  which  the  same 
shall  be  condemned,  within  sixty  days  after  the  con- 
demnation thereof — sufficient  notice  of  the  time  and 
place  and  condition  of  sale  being  first  giveif — on  such 
day  or  days,  on  such  terms  of  credit,  and  in  such  lots 
or  proportions  as  may  be  designated  by  the  owner  or 
owners,  or  agent  of  the  owner  or  owners,  of  the  priva- 
teer which  may  have  captured  the  same  :  Provided, 
That  the  terms  of  such  credit  shall  not  exceed  ninety 
days.  And  the  said  marshal  is  hereby  directed  to  take 
and  receive  from  the  purchaser  or  purchasers  of  such 
prize  vessel  and  property  the  money  therefor,  or  his, 
her,  or  their  promissory  notes,  with  endorsers,  to  be 
approved  by  the  owner  or  owners  of  the  privateer,  to 
the  amount  of  the  purchase,  payable  according  to  the 
terms  thereof. 

678.  That  the  first  section  [677]  of  the  last  above  re- 
cited act  be  so-amended  as  to  allow  the  judge  of  a  prize 
court,  wherein  any  condemnation  may  be  had,  to  order 
and  decree  that  the  said  vessel  and  the  cargo,  or  any 
part  thereof,  may,  in  his  discretion,  and  to  enhance  the 
value  thereof,  be  sold  by  the  marshal  of  the  adjoining 
district,  and  at  such  place  therein  as  he  may  designate : 


NAVAL    LAWS.  237 

Provided,  always,  That  the  duties  upon  all  dutiable 
goods  shall  be  paid  from  the  proceeds  of  sale. 

679.  That  upon  all  duties,  costs,  and  charges  being  May  uasei 
paid  according  to  law,  the  said  marshal  shall,  on  de-  Distribution 

*  °  of  proceeds 

mand,  deliver  and  pay  over  to  the  owner  or  owners  of  of  sales.  . 
the  privateer,  or  to  the  agent  of  such  owner  or  own- 
ers of  the  privateer  which  may  have  captured  such 
prize  vessel  and  property,  a  just  and  equal  proportion 
of  the  funds  received  on  account  of  the  sale  thereof, 
and  of  the  promissory  notes  directed  to  be  taken  as 
aforesaid,  to  which  the  said  owner  or  owners  may  be 
entitled  according  to  the  articles  of  agreement  between 
the  said  owner  or  owners  and  the  officers  and  crew  of 
the  said  privateer ;  and  a  just  and  equal  proportion  of 
the  proceeds  of  the  sale  as  aforesaid  shall,  on  demand, 
be  also  paid  over  by  the  said  marshal  to  the  officers  and 
crew  of  the  said  privateer,  or  to  their  agent  or  agents. 
And  if  there  be  no  written  agreement,  it  shall  be  the 
duty  of  the  marshal  to  pay  over,  in  manner  as  afore- 
said, one  moiety  of  the  proceeds  of  the  sale  of  such 
prize  vessel  and  property  to  the  owner  or  owners  of 
the  privateer  which  may  have  captured  the  same,  and 
the  other  moiety  of  the  said  proceeds  to  the  agent  or 
agents  of  the  officers  and  crew  of  the  said  privateer,  to 
be  distributed  according  to  law  or  to  any  agreement 
by  them  made :  Provided,  The  said  officers  and  crew, 
or  their  agent  or  agents,  shall  have  first  refunded 
to  the  owner  or  owners,  or  to  the  agent  of  the  owner 
or  owners  of  the  privateer  aforesaid,  the  full  amount 
of  advances  which  shall  have  been  made  by  the  own- 
er or  .owners  of  the  privateer  to  the  officers  and  crew 
thereof. 

680.  That  for  the  selling  prize  property  and  receiv-  Jbid>P; 
ing  and  paying   over  the  proceeds  as  aforesaid,  the  commissions 
marshal  shall  be  entitled  to  a  commission  of  one  per 

cent,  and  no  more,  first  deducting  all  duties,  costs,  and 
charges  which  may  have  accrued  on  said  property : 
Provided,  That  in  no  case  of  condemnation  and  sale 
of  any  one  prize  vessel  and  cargo  shall  the  commis- 
sions of  the  marshal  exceed  two  hundred  and  fifty 
dollars. 


238  DIGEST    OF 

ibid,? 4  681.  That  it  shall  be  the  duty  of  the  marshal,  with- 

Account  of  J  7 

sales  to  be  jn  fifteen  days  after  any  sale  of  prize  property,  to  file 
in  the  office  of  the  clerk  of  the  district  court  of  the 
district  wherein  such  sale  may  be  made,  a  just  and 
true  account  of  the  sales  of  such  prize  property,  and 
of  all  duties  and  charges  thereon,  together  with  a 
statement  thereto  annexed  of  the  promissory  notes 
taken  on  account  thereof,  which  account  shall  be  veri- 
fied by  the  oath  of  the  said  marshal;  and  if  the  said 
marshal  shall  wilfully  neglect  or  refuse  to  file  such 
account,  he  shall  forfeit  and  pay  the  sum  of  five  hun- 
dred dollars  for  each  omission  or  refusal  as  aforesaid, 
to  be  recovered  in  an  action  of  debt  by  any  person  in- 
terested in  such  sale,  and  suing  for  the  said  penalty, 
on  account  of  the  party  or  parties  interested  in  the 
prize  vessel  or  property  sold  as  aforesaid,  in  any  court 
having  cognizance  thereof. 

ibid,  i  5.  682.  That  the  owner  or  Owners  of  any  private  arm- 

Removal  of         ,  .  .  . 

prizes  before  ed  vessel  or  vessels,  or  their  agent  or  agents,  may,  at 
any  time  before  a  libel  shall  be  filed  against  any  capt- 
ured vessel  or  her  cargo,  remove  the  same  from  any  port 
into  which  such  prize  vessel  or  property  may  be  first 
brought,  to  any  other  port  in  the  Confederate  States,  to 
be  designated  at  the  time  of  the  removal  as  aforesaid, 
subject  to  the  same  restrictions,  and  complying  with 
the  same  regulations  with  respect  to  the  payment  of 
duties  which  are  provided  by  law  in  relation  to  other 
vessels  arriving  in  port  with  cargoes  subject  to  the 
payment  of  duties  :  Provided,  That  before  such  re- 
moval the  said  captured  property  shall  not  have  been 
attached  at  the  suit  of  any  adverse  claimant,  or  a  claim 
against  the  same  have  been  interposed  in  behalf  of  the 
Confederate  States. 
Jan.  27, 1862  683.  That  it  shall  be  lawful  for  the  purchaser  of  any 
purchaser  vessel  sold  under  a  decree  of  court  as  a  prize  of  war, 
nameCofnge  to  alter  the  name  thereof,  and  to  bestow  on  the  same 
such  name  as  he  may  deem  proper — which  change  of 
name  shall  be  duly  certified  on  the  papers  and  titles  of 
such  vessel  by  the  collector  of  the  port  where  such  sale 
was  made. 


NAVAL    LAWS. 

684.  That  the  Government  of  the  Confederate  States  fhey6> a862 
do  hereby  relinquish  all  claim  to  any  portion  of  the  Reiinqmsh- 

•/  *  j    r  ment  of  gov- 

proceeds  of  the  sale  of  certain  vessels  and  their  car-  ernment 

r  claim  for 

goes  captured  in  the  Chesapeake  bay  and  the  Potomac  vessels  capt- 

&  r  r  J  ured  by  Cap- 

river,  on  or  about  the  twenty-ninth  day  of  June,  eigh-  tain  Hoiiins 

J  J  °         and  others. 

teen  hundred  and  sixty-one,  by  George  M.  Hollins, 
captain  in  the  Confederate  States  Navy,  and  certain 
officers  of  the  navy  and  private  citizens  under  his  com- 
mand— said  prizes  having  been  made  without  the  par- 
ticipation of  any  vessel  of  the  Confedei'ate  States  or 
other  government  aid. 


XXIX.-MARINE  HOSPITALS. 

685.  Expenses.     Transfer  of  authority. 

685.  That  the  expenses  of  the  marine  hospitals  in  Res!  4.' 
the  Confederate  States  be  limited  to  the  amounts  re-  TrSerof 
ceived  for  their  support ;  and  that  the  Secretary  of  the  autnontv- 
Treasury  be  authorized  to  place  any  such  hospitals  as 
may  be  practicable  under  the  charge  of  any  corporate 
or  state  authority  which  will  undertake  to  keep  open 
the  same  as  a  hospital  for  the  sick,  and  to  receive  there- 
in such  seamen  as  the  funds  allowed   by  law  for  their 
support  will  enable  them  to  provide  for. 


XXX.-NATURALIZATION. 

636.  Protection  of  aliens  while  in  naval  service,  etc. 

686.  That  the  provisions  of  the  above  recited  act  Dec.  24,  i86i 
1  ch.  20. 

[479 1  be  and  the  same  are  hereby  extended  to  all  per-  Protection  of 

J  j  r  aliens  while 

sons,  not  citizens  of  one  of  the  Confederate  States,  who  in  naval 
are  engaged  in  the  naval  service  of  the  Confederate 
States  during  the  present  war  with  the  United  States  : 
Provided,  however,  That  the  oath  therein  prescribed  Right  to  be- 
may  be  administered  by  the  captain  or  other  command-  raNzedTetc. 
ing  officer  of  any  national  ship  to  all  persons  entitled 
to  the  benefit  of  this  act  and  attached  thereto,  and  that 


240  DIGEST    OF    NAVAL    LAWS. 

the  duties  therein  imposed  upon  the  Secretary  of  War 
in  regard  to  persons  in  the  military  service,  shall  be 
performed  by  the  Secretary  of  the  Navy  in  referene.6 
to  persons  in  the  naval  service. 


XXXI.-PRESIDENT. 

(See  491  et  seq.) 


XXXII.-PRISONERS  OF  WAR. 

(See  500  et  seq.) 


XXXIII.-RETALIATION. 

(See  508  et  seq.) 


APPENDIX. 


16 


CLAUSES 

OP    THE 

CONSTITUTION" 

OF    THE 

CONFEDERATE  STATES  OF  AMERICA 

RELATING  TO  MILITARY  AND  NAVAL  AFFAIRS. 


AETICLE  I. 

Section  8. 


The  Congress  shall  have  power — 

10.  To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offences  against  the  law  of  nations  : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  on  water : 

12.  To  raise  and  support  armies;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederate  States,  suppress  insurrections,  and  re- 
pel invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employ- 
ed in  the  service  of  the  Confederate  States — reserving  to  the 
states,  respectively,  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress : 

18.  To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  constitution  in  the  Government  of  the 
Confederate  States,  or  in  any  department  or  officer  thereof. 


244  appendix. 

Section  9. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

13.  A  well-regulated  militia  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger ;  nor  shall  any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb;  nor  be  compelled,  in 
any  criminal  case,  to  be  a  witness  against  himself;  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  of  law ; 
nor  shall  private  property  be  taken  for  public  use,  without  just 
compensation. 

Section  10. 

1.  No  state  shall  enter  into  any  treaty,  alliance,  or  confeder- 
ation; grant  letters  of  marque  and  reprisal;  coin  money;  make 
anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts; 
pass  any  bill  of  attainder,  or  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts ;  or  grant  any  title  of  nobility. 

3.  No  state  shall,  without  the  consent  of  Congress,  lay  any 
duty  on  tonnage,  except  on  sea-going  vessels,  for  the  improve- 
ment of  its  rivers  and  harbors  navigated  by  the  said  vessels; 
but  such  duties  shall  not  conflict  with  any  treaties  of  the  Con- 
federate States  with  foreign  nations ;  and  any  surplus  revenue, 
thus  derived,  shall,  after  making  such  improvement,  be  paid 
into  the  common  treasury.  Nor  shall  any  state  keep  troops  or 
ships  of  war  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  state,  or  with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay.  But  when  any  river- divides  or  flows 
through  two  or  more  states,  they  may  enter  into  compacts  with 
each  other  to  improve  the  navigation  thereof. 


CLAUSES    OF    THE    CONSTITUTION.  245 

AETICLE  II. 

Section  2.  * 

1.  The  President  shall  be  commander-in-chief  of  the  Army 
and  Navy  of  the  Confederate  States,  and  of  the  militia  of  the 
several  states,  when  called  into  the  actual  service  of  the  Con- 
federate States ;  he  may  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  Executive  departments,  upon 
any  subject  relating  to  the  duties  of  their  respective  offices; 
and  he  shall  have  power  to  grant  reprieves  and  pardons  for 
offences  against  the  Confederacy,  except  in  cases  of  impeach- 
ment. 

AETICLE  III. 
Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  ~No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment 
,of  treason ;  but  no  attainder  of  treason  shall  work  corruption 

of  blood,  or  forfeiture,  except  during  the  life  of  the  person  at- 
tainted. 

4.  The  Confederate  States  shall  guaranty  to  every  state  that 
now  is,  or  hereafter  may  become,  a  member  of  this  Confederacy, 
a  republican  form  of  government ;  and  shall  protect  each  of 
them  against  invasion ;  and,  on  application  of  the  legislature 
(or  of  the  executive,  when  the  legislature  is  not  in  session), 
against  domestic  violence. 


ARTICLES  OF  WAR. 

Article  1.  Every  officer  now  in  the  Army  of  the  Confeder- 
ate States  shall,  in  six  months  from  the  passing  of  this  act,  and 
every  officer  who  shall  hereafter  be  appointed  shall,  before  he 
enters  on  the  duties  of  his  office,  subscribe  these  rules  and  regu- 
lations. 

Art.  2.  It  is  earnestly  recommended  to  all  officers  and  sol- 
diers diligently  to  attend  divine  service;  and  all  officers  who 
shall  behave  indecently  or  irreverently  at  any  place  of  divine 
worship  shall,  if  commissioned  officers,  be  brought  before  a  gen- 
eral court-martial,  there  to  be  publicly  and  severely  reprimand- 
ed by  the  president;  if  non-commissioned  officers  or  soldiers, 
every  person  so  offending  shall,  for  his  first  offence,  forfeit  one- 
sixth  of  a  dollar,  to  be  deducted  out  of  his  next  pay ;  for  the 
second  offence,  he  shall  not  only  forfeit  a  like  sum,  but  be  con- 
fined twenty-four  hours ;  and  for  every  like  offence,  shall  suffer 
and  pay  in  like  manner;  which  money,  so  forfeited,  shall  be  ap- 
plied by  the  captain  or  senior  officer  of  the  troop  or  company 
to  the  use  of  the  sick  soldiers  of  the  company  or  troop  to  which 
the  offender  belongs. 

Art.  3.  Any  non-commissioned  officer  or  soldier  who  shall 
use  any  profane  oath  or  execration,  shall  incur  the  penalties 
expressed  in  the  foregoing  article ;  and  a  commissioned  officer 
shall  forfeit  and  pay  for  each  and  every  such  offence  one  dollar, 
to  be  applied  as  in  the  preceding  article. 

Art.  4.  Every  chaplain,  commissioned  in  the  Army  or  Armies 
of  the  Confederate  States,  who  shall  absent  himself  from  the 
duties  assigned  him  (excepting  in  cases  of  sickness  or  leave  of 
absence)  shall,  on  conviction  thereof  before  a  court-martial,  be 
fined  not.  exceeding  one  month's  pay,  besides  the  loss  of  his  pay 
during  his  absence,  or  be  discharged,  as  the  said  court-martial 
shall  judge  proper. 

Art.  5.  Any  officer  or  soldier  who  shall  use  contemptuous  or 
disrespectful  words  against  the  President  of  the  Confedei'ate 
States,  against  the  Vice-President  thereof,  against  the  Congress/ 
of  the  Confederate  States*  or  against  the  chief  magistrate  or 


ARTICLES    OF    WAR.  247 

legislature  of  any  of  the  Confederate  States  in  which  he  may 
he  quartered,  if  a  commissioned  officer,  shall  he  cashiered  or 
otherwise  punished,  as  a  court-martial  shall  direct;  if  a  non- 
commissioned officer  or  soldier,  he  shall  suffer  such  punishment 
as  shall   be  inflicted  on  him  by  the  sentence  of  a  court-martial. 

Art.  6.  Any  officer  or  soldier  who  shall  behave  himself  with 
contempt  or  disrespect  toward  his  commanding  officer,  shall  be 
punished,  according  to  the  nature  of  his  offence,  by  the  judg- 
ment of  a  court-martial. 

Art.  7.  Any  officer  or  soldier  who  shall  begin,  excite,  cause, 
or  join  in  any  mutiny  or  sedition,  in  any  troop  or  company  in 
the  service  of  the  Confederate  States,  or  in  any  party,  post,  de- 
tachment, or  guard,  shall  suffer  death,  or  such  other  punishment 
as  hy  a  court-martial  shall  be  inflicted. 

Art.  8.  Any  officer,  non-commissioned  officer,  or  soldier,  who, 
being  present  at  any  mutmy  or  sedition,  does  not  use  his  utmost 
endeavor  to  suppress  the  same,  or,  coming  to  the  knowledge  of 
any  intended  mutiny,  does  not,  without  delay,  give  information 
thereof  to  his  commanding  officer,  shall  be  punished  by  the  sen- 
tence of  a  court-martial  with  death,  or  otherwise,  according  to 
the  nature  of  his  offence. 

Art.  9.  Any  officer  or  soldier  who  shall  strike  his  superior 
officer,  or  draw  or  lift  up  any  weapon,  or  offer  any  violence 
against  him,  being  in  the  execution  of  his  office,  on  any  pretence 
whatsoever,  or  shall  disobey  any  lawful  command  of  his  superior 
officer,  shall  suffer  death,  or  such  other  punishment  as  shall,  ac- 
cording to  the  nature  of  his  offence,  be  inflicted  upon  him  by  the 
sentence  of  a  court-martial. 

Art.  10.  Every  non-commissioned  officer  or  soldier  who  shall 
enlist  himself  in  the  service  of  the  Confederate  States  shall,  at 
the  time  of  his  so  enlisting,  or  within  six  days  afterward,  have  the 
Articles  for  the  government  of  the  Armies  of  the  Confederate 
States  read  to  him,  and  shall,  hy  the  officer  who  enlisted  him,  or 
by  the  commanding  officer  of  the  troop  or  company  into  w-hich 
he  was  enlisted,  be  taken  hefore  the  next  justice  of  the  peace,  or 
chief  magistrate  of  any  city  or  town  corporate,  not  being  an 
officer  of  the  army,  or  where  recourse  can  not  be  had  to  the 
civil  magistrate,  before  the  judge  advocate,  and  in  his  presence 
shall  take  the  following  oath  or  affirmation  :  "  I,  A.  B.,  do  sol- 
emnly swear,  or  affirm  (as  the  case  may  be),  that  I  will  bear 
rue  allegiance  to  the  Confederate  States  of  America,  and  that 


248  APPENDIX. 

I  will  serve  them  honestly  and  faithfully  against  all  their  ene- 
mies or  opposers  whatsoever ;  and  observe  and  obey  the  orders 
of  the  President  of  the  Confederate  States,  and  the  orders  of 
the  officers  appointed  over  me,  according  to  the  Eules  and  Arti- 
cles for  the  government  of  the  Armies  of  the  Confederate  States." 
Which  justice,  magistrate,  or  judge  advocate  is  to  give  to  the 
officer  a  certificate,  signifying  that  the  man  enlisted  did  take  the 
said  oath  or  affirmation. 

Art.  11.  After  a  non-commissioned  officer  or  soldier  shall 
have  been  duly  enlisted  and  sworn,  he  shall  not  be  dismissed 
the  service  without  a  discharge  in  writing;  and  no  discharge- 
granted  to  him  shall  be  sufficient  which  is  not  signed  by  a  field- 
officer  of  the  regiment  to  which  he  belongs,  or  commanding  offi- 
cer, where  no  field-officer  of  the  regiment  is  present ;  and  no 
discharge  shall  be  given  to  a  non-commissioned  officer  or  soldier 
before  his  term  of  service  has  expired,  but  by  order  of  the 
President,  the  Secretary  of  War,  the  commanding  officer  of  a 
department,  or  the  sentence  of  a  general  court-martial ;  nor 
shall  a  commissioned  officer  be  discharged  the  service  but  by  or- 
der of  the  President  of  the  Confederate  States,  or  by  sentence 
of  a  general  court-martial. 

Art.  12.  Every  colonel,  or  other  officer  commanding  a  regi- 
ment, troop,  or  company,  and  actually  quartered  with  it,  may 
give  furloughs  to  non-commissioned  officers  or  soldiers,  in  such 
numbers,  and  for  so  long  a  time,  as  he  shall  judge  to  be  most 
consistent  with  the  good  of  the  service ;  and  a  captain,  or  other 
inferior  officer,  commanding  a  troop  or  company,  or  in  any  gar- 
rison, fort,  or  barrack  of  the  Confederate  States  (his  field-officer 
being  absent),  may  give  furloughs  to  non-commissioned  officers 
and  soldiers,  for  a  time  not  exceeding  twenty  days  in  six  months, 
but  not  to  more  than  two  persons  to  be  absent  .'it  the  same  time, 
excepting  some  extraordinary  occasion  should  require  it. 

Art.  13.  At  every  muster,  the  commanding  officer  of  each 
regiment,  troop,  or  company  there  present,  shall  give  to  the 
commissary  of  musters,  or  other  officer  who  musters  the  said 
regiment,  troop,  or  company,  certificates  signed  by  himself,  sig- 
nifying how  long  such  officers  as  shall  not  appear  at  the  said 
muster  have  been  absent,  and  the  reason  of  their  absence.  In 
like  manner,  the  commanding  officer  of  every  troop  or  company  j 
shall  give  certificates,  signifying  the  reasons  of  the  absence  of 
the  non-commissioned  officers  and  private  soldiers — which  rcnj 


ARTICLES    OF    WAR.  249 

sons  and  time  of  absence  shall  be  inserted  in  the  muster-rolls, 
opposite  the  names  of  the  respective  absent  officers  and  soldiers. 
The  certificates  shall,  together  with  the  muster-rolls,  be  remit- 
ted by  the  commissary  of  musters,  or  other  officer  mustering,  to 
the  Department  of  War,  as  speedily  as  the  distance  of  the  place 
will  admit. 

Art.  14.  Every  officer  who  shall  be  convicted  before  a  general 
court-martial  of  having  signed  a  false  certificate  relating  to  the 
absence  of  either  officer  or  private  soldier,  or  relative  to  his  or 
their  pay,  shall  be  cashiered. 

Art.  15.  Every  officer  who  shall  knowingly  make  a  false  mus- 
ter of  man  or  horse,  and  every  officer  or  commissary  of  musters 
who  shall  willingly  sign,  direct,  or  allow  the  signing  of  muster- 
rolls  wherein  such  false  muster  is  contained,  shall,  upon  proof 
made  thereof  j  by  two  witnesses,  before  a  general  court-martial, 
be  cashiered,  and  shall  be  thereby  utterly  disabled  to  "have  or 
hold  any  office  or  employment  in  the  service  of  the  Confederate 
States. 

Art.  16.  Any  commissary  of  musters,  or  other  officer,  who 
shall  be  convicted  of  having  taken  money,  or  other  thing,  by  way 
of  gratification,  on  mustering  any  regiment,  troop,  or  company, 
or  on  signing  muster-rolls,  shall  be  displaced  from  his  office,  and 
shall  be  thereby  utterly  disabled  to  have  or  hold  any  office  or 
employment  in  the  service  of  the  Confederate  States. 

Art.  17.  Any  officer  who  shall  presume  to  muster  a  person 
as  a  soldier  who  is  not  a  soldier,  shall  be  deemed  guilty  of  hav- 
ing made  a  false  muster,  and  shall  suffer  accordingly. 

Art.  18.  Every  officer  who  shall  knowingly  make  a  false  re- 
turn to  the  Department  of  War,  or  to  any  of  his  superior  offi- 
cers authorized  to  call  for  such  returns,  of  the  state  of  the  regi- 
ment, troop,  or  company,  or  garrison  under  his  command,  or  of 
the  arms,  ammunition,  clothing,  or  other  stores  thereunto  be- 
longing, shall,  on  conviction  thereof  before  a  court-martial,  be 
cashiered. 

Art.  19.  The  commanding  officer  of  every  regiment,  troop, 
or  independent  company,  or  garrison  of  the  Confederate  States 
shall,  in  the  beginning  of  every  month,  remit,  through  the 
proper  channels,  to  the  Department  of  War,  an  exact  return  of 
the  regiment,  troop,  independent  company,  or  garrison  under 
his  command,  specifying  the  names  of  the  officers  then  absent 
from  their  posts,  with  the  reasons  for  and  the  time  of  their  ab- 


250  APPENDIX. 

sence.  And  any  officer  who  shall  be  convicted  of  having,  through 
neglect  or  design,  omitted  sending  such  returns,  shall  he  pun- 
ished, according  to  the  nature  of  his  crime,  by  the  judgment  of 
a  general  court-martial. 

Art.  20.*  All  officers  and  soldiers  who  have  received  pay,  or 
have  been  duly  enlisted  in  the  service  of  the  Confederate  States, 
and  shall  be  convicted  of  having  deserted  the  same,  shall  suffer 
death,  or  such  other  punishment  as,  by  sentence  of  a  court- 
martial,  shall  be  inflicted.  , 

Art.  21.  Any  non-commissioned  officer  or  soldier  who  shall, 
without  leave  from  his  commanding  officer,  absent  himself  from 
his  troop,  company,  or  detachment,  shall,  upon  being  convicted 
thereof,  be  punished  according  to  the  nature  of  his  offence,  at 
the  discretion  of  a  court-martial. 

Art.  22.  No  non-commissioned  officer  or  soldier  shall-  enlist 
himself  in  any  other  regiment,  troop,  or  company,  without  a 
regular  discharge  from  the  regiment,  troop,  or  company  in 
which  he  last  served,  on  the  penalty  of  being  reputed  a  desert- 
er, and  suffering  accordingly.  And  in  case  any  officer  shall  know- 
ingly receive  and  entertain  such  non-commissioned  officer  or 
soldier,  or  shall  not,  after  his  being  discovered  to  be  a  deserter, 
immediately  confine  him,  and  give  notice  thereof  to  the  corps  in 
which  he  last  served,  the  said  officer  shall,  by  a  court-martial, 
be  cashiered. 

Art.  23.  Any  officer  or  soldier  who  shall  be  convicted  of 
having  advised  or  persuaded  any  other  officer  or  soldier  to  de- 
sert the  service  of  the  Confederate  States,  shall  suffer  death,  or 
such  other  punishment  as  shall  be  inflicted  upon  him  by  the 
sentence  of  a  court-martial. 

Art.  24.  jSTo  officer  or  soldier  shall  use  any  reproachful  or 
provoking  speeches  or  gestures  to  another,  upon  pain,  if  an 
officer,  of  being  put  in  arrest;  if  a  soldier,  confined,  and  of  ask- 
ing pardon  of  the  party  offended,  in  the  presence  of  his  com- 
manding officer. 

Art.  25.  No  officer  or  soldier  shall  send  a  challenge  to  another 
officer  or  soldier  to  fight  a  duel,  or  accept  a  challenge  if  sent, 
upon  pain,  if  a  commissioned  officer,  of  being  cashiered  j  if  a 
non-commissioned  officer  or  soldier,  of  suffering  corporal  pun- 
ishment, at  the  discretion  of  a  court-martial. 

*  Amended.    Set' 330. 


ARTICLES    OF    WAR.  251 

Art.  26.  If  any  commissioned  or  non-commissioned  officer 
commanding  a  guard  shall  knowingly  or  willingly  suffer  any 
person  whatsoever  to  go  forth  to  fight  a  duel,  he  shall  be  punish- 
ed as  a  challenger j  and  all  seconds,  promoters,  and  carriers  of 
challenges,  in  order  to  duels,  shall  be  deemed  principals,  and  be 
punished  accordingly.  And  it  shall  be'the  duty  of  every  officer 
commanding  an  army,  regiment,  company,  post,  or  detachment, 
who  is  knowing  to  a  challenge  being  given  or  accepted  by  any 
officer,  non-commissioned  officer,  or  soldier  under  his  command, 
or  has  reason  to  believe  the  same  to  be  the  case,  immediately 
to  arrest  and  bring  to  trial  such  offenders. 

Art.  27.  All  officers,  of  what  condition  soever,  have  power 
to  part  and  quell  all  quarrels,  frays,  and  disorders,  though  the 
persons  concerned  should  belong  to  another  regiment,  troop,  or 
company ;  and  either  to  order  officers  into  arrest,  or  non-com- 
missioned officers  or  soldiers  into  confinement,  until  their  proper 
superior  officers  shall  be  acquainted  therewith;  and  whosoever 
shall  refuse  to  obey  such  officer  (though  of  an  inferior  rank),  or 
shall  draw  his  sword  upon  him,  shall  be  punished  at  the  dis- 
cretion of  a  general  court-martial. 

Art.  28.  Any  officer  or  soldier  who  shall  upbraid  another 
for  refusing  a  challenge,  shall  himself  be  punished  as  a  chal- 
lenger; and  all  officers  and  soldiers  are  hereby  discharged  from 
any  disgrace  or  opinion  of  disadvantage  which  might  arise 
from  their  having  refused  to  accept  of  challenges,  as  they  will 
only  have  acted  in  obedience  to  the  laws,  and  done  their  duty 
as  good  soldiers  who  subject  themselves  to  discipline. 

Art.  29.  No  sutler  shall  be  permitted  to  sell  any  kind  of 
liquors  or  victuals,  or  to  keep  their  houses  or  shops  open  for 
the  entertainment  of  soldiers,  after  nine  at  night,  or  before  the 
beating  of  the  reveille,  or  upon  Sundays  during  divine  service 
or  sermon,  on  the  penalty  of  being  dismissed  from  all  future 
suttling. 

Art.  30.  All  officers  commanding  in  the  field,  forts,  barracks, 
or  garrisons  of  the  Confederate  States,  are  hereby  required  to 
see  that  the  persons  permitted  to  suttle  shall  supply  the  soldiers 
with  good  and  wholesome  provisions,  or  other  articles,  at  a 
reasonable  price,  as  they  shall  be  answerable  for  their  neglect. 

Art.  31.  No  officer  commanding  in  any  of  the  garrisons, 
forts,  or  barracks  of  the  Confederate  States,  shall  exact  exorbi- 
tant prices  for  houses  or  stalls  let  out  to  sutlers,  or  connive  at 


252  APPENDIX. 

the  like  exactions  in  others;  nor  by  his  own  authority,  and  for 
his  private  advantage,  lay  any  duty  or  imposition  upon,  or  be 
interested  in,  the  sale  of  any  victuals,  liquors,  or  other  neces- 
saries of  life  brought  into  the  garrison,  fort,  or  barracks  for  the 
use  of  the  soldiers,  on  the  penalty  of  being  discharged  from  the 
service. 

Art.  32.  Every  officer  commanding  in  quarters,  garrisons, 
or  on  the  march,  shall  keep  good  order,  and,  to  the  utmost  of 
his  power,  redress  all  abuses  or  disorders  which  may  be  com- 
mitted by  any  officer  or  soldier  under  his  command;  if,  upon 
complaint  made  to  him  of  officers  or  soldiers  beating  or  other- 
wise ill-treating  any  person,  or  disturbing  fairs  or  markets,  or 
of  committing  any  kind  of  riots,  to  the  disquieting  of  the  citizens 
of  the  Confederate  States,  he,  the  said  commander  who  shall 
refuse  or  omit  to  see  justice  done  to  the  offender  or  offenders, 
and  reparation  made  to  the  party  or  parties  injured,  as  far  as 
part  of  the  offender's  pay  shall  enable  him  or  them,  shall,  upon 
proof  thereof,  be  cashiered,  or  otherwise  punished,  as  a  general 
court-martial  shall  direct. 

Art.  33.  "When  any  commissioned  officer  or  soldier  shall  be 
accused  of  a  capital  crime,  or  of  having  used  violence,  or  com- 
mitted any  offence  against  the  person  or  property  of  any  citizen 
of  any  of  the  Confederate  States,  such  as  is  punishable  by  the 
known  laws  of  the  land,  the  commanding  officer  and  officers  of 
every  regiment,  troop,  or  company  to  which  the  person  or  per- 
sons so  accused  shall  belong,  are  hereby  required,  upon  applica- 
tion duly  made  by  or  in  behalf  of  the  party  or  parties  injured,  to 
use  their  utmost  endeavors  to  deliver  over  such  accused  person 
or  persons  to  the  civil  magistrate,  and  likewise  to  be  aiding  and 
assisting  to  the  officers  of  justice  in  apprehending  and  securing 
the  person  or  persons  so  accused,  in  order  to  bring  him  or  them 
to  trial.  If  any  commanding  officer  or  officers  shall  wilfully 
neglect,  or  shall  refuse,  upon  the  application  aforesaid,  to  de- 
liver over  such  accused  person  or  persons  to  the  civil  magis- 
trates, or  to  be  aiding  and  assisting  to  the  officers  of  justice  in 
apprehending  such  person  or  persons,  the  officer  or  officers  so 
offending  shall  be  cashiered. 

Art.  34.  If  any  officer  shall  think  himself  wronged  by  his 
colonel,  or  the  commanding  officer  of  the  regiment,  and  shall, 
upon  due  application  being  made  to  him,  be  refused  redress,  he 
may  complain  to  the  general  commanding  in  the  state  or  tor- 


ARTICLES    OF    WAR.  253 

ritory  where  such  regiment  shall  be  stationed,  in  order  to 
obtain  justice ;  who  is  hereby  required  to  examine  into  said 
complaint,  and  take  proper  measures  for  redressing  the  wrong 
complained  of,  and  transmit,  as  soon  as  possible,  to  the  Depart- 
ment of  War,  a  true  state  of  such  complaint,  with  the  proceed- 
ings had  thereon. 

Art.  35.  If  any  inferior  officer  or  soldier  shall  think  himself 
wronged  by  bis  captain  or  other  officer,  he  is  to  complain 
thereof  to  the  commanding  officer  of  the  regiment,  who  is 
hereby  required  to  summon  a  regimental  court-martial  for  the 
doing  justice  to  the  complainant;  from  which  regimental  court- 
•  martial  either  party  may,  if  he  think  himself  still  aggrieved, 
appeal  to  a  general  court-martial.  But  if,  upon  a  second  hear- 
ing, the  appeal  shall  appear  vexatious  and  groundless,  the  per- 
son so  appealing  shall  be  punished  at  the  discretion  of  said 
court-martial. 

Art.  36.  Any  commissioned  officer,  storekeeper,  or  commis- 
sary, who  shall  be  convicted  at  a  general  court-martial  of 
having  sold,  without  a  proper  order  for  that  purpose,  embez- 
zled, misapplied,  or  wilfully  or  through  neglect  suffered  any 
of  the  provisions,  forage,  arms,  clothing,  ammunition,  or  other 
military  stores  belonging  to  the  Confederate  States  to  be  spoiled 
or  damaged,  shall,  at  his  own  expense,  make  good  the  loss  or 
damage,  and  shall,  moreover,  forfeit  all  his  pay,  and  be  dis- 
missed from  the  service. 

Art.  37.  Any  non-commissioned  officer  or  soldier  who  shall 
be  convicted  at  a  regimental  court-martial  of  having  sold,  or 
designedly  or  through  neglect  wasted  the  ammunition  deliver- 
ed out  to  him,  to  be  employed  in  the  service  of  the  Confederate 
States,  shall  be  punished  at  the  discretion  of  such  court. 

Art.  38.  Every  non-commissioned  officer  or  soldier  who 
shall  be  convicted  before  a  Gourt-martial  of  having  sold,  lost,  or 
spoiled,  through  neglect,  his  horse,  arms,  clothes,  or  accoutre- 
ments, shall  undergo  such  weekly  stoppages  (not  exceeding 
the  half  of  his  pay)  as  such  court-martial  shall  judge  sufficient 
for  repairing  the  loss  or  damage ;  and  shall  suffer  confinement, 
or  such  other  corporal  punishment  as  his  crime  shall  deserve. 

Art.  39.  Every  officer  who  shall  be  convicted  before  a  court- 
martial  of  having  embezzled  or  misapplied  any  money  with 
which  he  may  have  been  intrusted,  for  the  payment  of  the  men 
under  his  command,  or  for  enlisting  men  into  the  service,  or  for 


254  APPENDIX. 

oth er  purposes,  if  a  commissioned  officer,  shall  be  cashiered,  and 
compelled  to  refund  the  money ;  if  a  non-commissioned  officer, 
shall  be  reduced  to  the  ranks,  be  put  under  stoppages  until  the 
money  be  made  good,  and  suifer  such  corporal  punishment  as 
such  court-martial  shall  direct. 

Art.  40.  Every  captain  of  a  troop  or  company  is  charged 
with  the  arms,  accoutrements,  ammunition,  clothing,  or  other 
warlike  stores  belonging  to  the  troop  or  company  under  his 
command,  which  he  is  to  be  accountable  for  to  his  colonel  in 
case  of  their  being  lost,  spoiled,  or  damaged,  not  by  unavoid- 
able accidents,  or  on  actual  service. 

Art.  41.  Ail  non-commissioned  officers  and  soldiers  who  shall 
be  found  one  mile  from  the  camp  without  leave,  in  writing, 
from  their  commanding  officer,  shall  suffer  such  punishment  as 
shall  be  inflicted  upon  them  by  the  sentence  of  a  court-martial. 

Art.  42.  No  officer  or  soldier  shall  lie  out  of  his  quarters, 
garrison,  or  camp,  without  leave  from  his  superior  officer,  upon 
penalty  of  being  punished  according  to  the  nature  of  his  offence, 
by  the  sentence  of  a  court-martial. 

Art.  43.  Every  non-commissioned  officer  'and  soldier  shall 
retire  to  his  quarters  or  tent  at  the  beating  of  the  retreat ;  in 
default  of  which  he  shall  be  punished  according  to  the  nature 
of  his  offence. 

Art.  44.  No  officer,  non-commissioned  officer,  or  soldier  shall 
fail  in  repairing,  at  the  time  fixed,  to  the  place  of  parade,  of 
exercise,  or  other  rendezvous  appointed  by  his  commanding 
officer,  if  not  prevented  by  sickness  or  some  other  evident  ne- 
cessity, or  shall  go  from  the  said  place  of  rendezvous  without 
leave  from  his  commanding  officer,  before  he  shall  be  regularly 
dismissed  or  relieved,  on  the  penalty  of  being  punished,  accord- 
ing to  the  nature  of  his  offence,  loj  the  sentence  of  a  court- 
martial. 

Art.  45.  Any  commissioned  officer  who  shall  be  found  drunk 
on  his  guard,  party,  or  other  duty,  shall  be  cashiered.  Any 
non-commissioned  officer  or  soldier  so  offending  shall  suffer 
such  corporal  punishment  as  shall  be  inflicted  by  the  sentence 
of  a  court-martial. 

Art.  46.  Any  sentinel  who  shall  be  found  sleeping  upon  his 
post,  or  shall  leave  it  before  he  shall  be  regularly  relieved,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  inflicted  by 
the  sentence  of  a  court-martial. 


ARTICLES    OF    WAR.  255 

Art.  47.  No  soldier  .belonging  to  any  i*egiment,  troop,  or 
company  shall  hire  another  to  do  'his  duty  for  him,  or  be  ex- 
cused from  duty  but  in  cases  of  sickness,  disability,  or  leave  of 
absence ;  and  every  such  soldier  found  guilty  of  hiring  his 
duty,  as  also  the  party  so  hired  to  do  another's  duty,  shall  be 
punished  at  the  discretion  of  a  regimental  court-martial. 

Art.  48.  And  every  non-commissioned  officer  conniving  at 
such  hiring  of  duty  aforesaid,  shall  be  reduced  ;  and  every  com- 
missioned officer  knowing  and  allowing  such  ill  practices  in  the 
service,  shall  be  punished  by  the  judgment  of  a  general  court- 
martial. 

Art.  49.  Any  officer  belonging  to  the  service  of  the  Con- 
federate States  who,  by  discharging  of  fire-arms,  drawing  of 
swords,  beating  of  drums,  or  by  any  other  means  whatsoever, 
shall  occasion  false  alarms  in  camp,  garrison,  or  quarters,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  ordered  by 
the  sentence  of  a  general  court-martial. 

Art.  50.  Any  officer  or  soldier  who  shall,  without  urgent 
necessity,  or  without  the  leave  of  his  superior  officer,  quit  his 
guard,  platoon,  or  division,  shall  be  punished,  according  to  the 
nature  of  his  offence,  by  the  sentence  of  a  court-martial. 

Art.  51.  No  officer  or  soldier  shall  do  violence  to  any  person 
who  brings  provisions  or  other  necessaries  to  the  camp,  gar- 
rison, or  quarters  of  the  forces  of  the  Confederate  States,  em- 
ployed in  any  parts  out  of  the  said  states,  upon  pain  of  death, 
or  such  other  punishment  as  a  court-martial  shall  direct. 

Art.  52.  Any  officer  or  soldier  who  shall  misbehave  himself, 
before  the  enemy,  runaway,  or  shamefully  abandon  any  fort, 
post,  or  guard,  which  he  or  they  may  be  commanded  to  defend, 
or  speak  words  inducing  others  to  do  the  like,  or  shall  cast 
away  his  arms  and  ammunition,  or  who  shall  quit  his  post  or 
colors  to  plunder  and  pillage,  every  such  offender,  being  duly 
convicted  thereof,  shall  suffer  death,  or  such  other  punishment 
as  shall  be  ordered  by  the  sentence  of  a  general  court-martial. 

Art.  53.  Any  person  belonging  to  the  Armies  of  the  Con- 
federate States  who  shall  make  known  the  watchword  to  any 
person  who  is  not  entitled  to  receive  it  according  to  the  l-ules 
and  discipline  of  war,  or  shall  presume  to  give  a  parole  or 
watchword  different  from  what  he  received,  shall  suffer  death, 
or  such  other  punishment  as  shall  be  ordered  by  the  sentence 
of  a  £;eneral  court-martial. 


25(5  APPENDIX. 

Art.  54.  All  officers  and  soldiers  are  to  behave  themselves 
orderly  in  quarters  and  on  their  march;  and  whoever  shall 
commit  any  waste  or  spoil,  either  in  walks  or  trees,  parks,  war- 
rens, fish-ponds,  houses,  or  gardens,  corn-fields,  inclosures  of 
meadows,  or  shall  maliciously  destroy  any  property  whatsoever 
belonging  to  the  inhabitants  of  the  Confederate  States,  unless 
by  order  of  the  then  commander-in-chief  of  the  armies  of  the 
said  states,  shall  (besides  such  penalties  as  they  are  liable  to  by 
law)  be  punished  according  to  the  nature  and  degree  of  the 
offence,  by  the  judgment  of  a  regimental  or  general  court- 
martial. 

Art.  55.  Whosoever,  belonging  to  the  Armies  of  the  Con- 
federate States  in  foreign  parts,  shall  force  a  safeguard,  shall 
suffer  death. 

Art.  56.  Whosoever  shall  relieve  the  enemy  with  money, 
victuals,  or  ammunition,  or  shall  knowingly  harbor  or  protect 
an  enemy,  shall  suffer  death,  or  such  other  punishment  as  shall 
be  ordered  by  the  sentence  of  a  court-martial. 

Art.  57.  Whosoever  shall  be  convicted  of  holding  correspond- 
ence with  or  giving  intelligence  to  the  enemy,  either  directly 
or  indirectly,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  ordered  by  the  sentence  of  a  court-martial. 

Art.  58.  All  public  stores  taken  in  the  enemy's  camp,  towns, 
forts,  or  magazines,  whether  of  artillery,  ammunition,  clothing, 
forage,  or  provisions,  shall  be  secured  for  the  service  of  the 
Confederate  States — for  the  neglect  of  which  the  commanding 
officer  is  to  be  answerable. 

Art.  59.  If  any  commander  of  any  garrison,  fortress,  or  post 
shall  be  compelled,  by  the  officers  and  soldiers  under  his  com- 
mand, to  give  up  to  the  enemy,  or  to  abandon  it,  the  commis- 
sioned officers,  non-commissioned  officers,  or  soldiers  who  shall 
be  convicted  of  having  so  offended,  shall  suffer  death,  or  such 
other  punishment  as  shall  be  inflicted  upon  them  by  the  sen- 
tence of  a  court-martial. 

Art.  60.  All  sutlers  and  retainers  to  the  camp,  and  all  per- 
sons whatsoever,  serving  with  the  Armies  of  the  Confederate 
States  in  the  field,  though  not  enlisted  soldiers,  are  to  be  subject 
to  orders,  according  to  the  rules  and  discipline  of  war. 

"Art.  61.  Officers  having  brevets  or  commissions  of  a  prior 
date  to  those  of  the  corps  in  which  they  serve,  will  take  place 
on  courts-martial  or  of  inquiry,  and  on  boards  detailed  for 


ARTICLES    OF    WAR.  257 

military  purposes,  when  composed  of  differont  corps,  according 
to  the  ranks  given  them  in  their  brevets  or  former  commis- 
sions ;  but  in  the  regiment,  corps,  or  company  to  which  such 
officers  belong,  they  shall  do  duty  and  take  rank,  both  in  courts 
and  on  boards  as  aforesaid,  which  shall  be  composed  of  their 
own  corps,  according  to  the  commissions  by  which  they  are 
there  mustered. 

Art.  62.  If,  upon  marches,  guards,  or  in  quarters,  different 
corps  shall  happen  to  join,  or  do  duty  together,  the  officer 
highest  in  rank,  according  to  the  commission  by  which  he  is 
mustered,  in  the  army,  navy,  marine  corps,  or  militia,  there  on 
dutjr  by  orders  from  competent  authority,  shall  command  the 
whole,  and  give  orders  for  what  is  needful  for  the  service,  un- 
less otherwise  directed  by  the  President  of  the  Confederate 
States,  in  orders  of  special  assignment  providing  for  the  case. 

Art.  63.  The  functions  of  the  engineers  being  generally  con- 
fined to  the  most  elevated  1) ranch  of  military  science,  they  are 
not  to  assume,  nor  are  they  subject  to  be  ordered  on  any  duty 
beyond  the  line  of  their  immediate  profession,  except  by  the 
special  order  of  the  President  of  the  Confederate  States;  but 
they  are  to  receive  every  mark  of  respect  to  which  their  rank 
in  the  army  may  entitle  them  respectively,  and  are  liable  to  be 
transferred,  at  the  discretion  of  the  President,  from  one  corps 
to  another,  regard  being  paid  to  rank 

Art.  64.  General  courts-martial  may  consist  of  any  number 
of  commissioned  officers,  from  five  to  thirteen,  inclusively; 
but  they  shall  not  consist  of  less  than  thirteen,  where^  that 
number  can  be  convened  without  manifest  injury  to  the  service. 

Art.  65.*  Ajiy  general  officer  commanding  an  army,  or 
colonel  commanding  a  separate  department,  may  appoint  gen- 
eral courts-martial  whenever  necessary.  But  no  sentence  of  a 
court-martial  shall  be  carried  into  execution  until  after  the 
whole  proceedings  shall  have  been  laid  before  the  officer  order- 
ing the  same,  or  the  officer  commanding  the  troops  for  the 
time  being;  neither  shall  any  sentence  of  a  general  court-mar- 
tial, in  the  time  of  peace,  extending  to  the  loss  of  life,  or  the 
dismission  of  a  commissioned  officer,  or  which  shall,  either  in 
time  of  peace  or  war,  respect  a  general  officer,  be  carried  into 
execution  until  after  the  whole  proceedings  shall  have  been 


*  Amended.    See  14. 

17 


25S  APPENDIX. 

transmitted  to  the  Secretary  of  War,  to  be  laid  before  the  Pres- 
ident of  the  Confederate  States  for  his  confirmation  or  disap- 
proval and  orders  in  the  case.  All  other  sentences  may  be 
confirmed  and  executed  by  the  officer  ordering  the  court  to 
assemble,  or  the  commanding  officer  for  the  time  being,  as  the 
case  may  be. 

Art.  66.  Every  officer  commanding  a  regiment  or  corps  may 
appoint,  for  his  own  regiment  or  corps,  courts-martial,  to  con- 
sist of  three  commissioned  officers,  for  the  trial  and  punishment 
of  offences  not  capital,  and  decide  upon  their  sentences.  For 
the  same  purpose,  all  officers  commanding  any  of  the  gar- 
risons, forts,,  barracks,  or  other  places  where  the  troops  consist 
of  different  corps,  may  assemble  courts-martial,  to  consist  of 
three  commissioned  officers,  and  decide  upon  their  sentences. 

Art.  67.  No  garrison  or  regimental  court-martial  shall  have 
the  power  to  try  capital  cases  or  commissioned  officers;  neither 
shall  they  inflict  a  fine  exceeding  one  month's  pay,  nor  im- 
prison, nor  put  to  hard  labor,  any  non-commissioned  officer  or 
soldier  for  a  longer  time  than  one  month. 

Art.  68.  Whenever  it  may  be  found  convenient  and  neces- 
sary to  the  public  service,  the  officers  of  the  marines  shall  be 
associated  with  the  officers  of  the  land  forces  for  the  purpose 
of  holding  courts-martial,  and  trying  offenders  belonging  to 
either;  and,  in  such  cases,  the  orders  of  the  senior  officer  of 
either  corps  who  may  be  present  and  duly  authorized,  shall  be 
received  and  obeyed. 

Art.  69.  The  judge  advocate,  or  some  person  deputed  by 
him,  or  by  the  general  or  officer  commanding  the  army,  de- 
partment, or  garrison,  shall  prosecute  in  the  name  of  the  Con- 
federate States,  but  shall  so  far  consider  himself  as  counsel  for 
the  prisoner,  after  the  said  prisoner  shall  have  made  his  plea, 
as  to  object  to  any  leading  question  to  any  of  the  witnesses,  or 
any  question  to  the  prisoner,  the  answer  to  which  might  tend 
to  criminate  himself;  and  administer  to  each  member  of  the 
court,  before  they  proceed  upon  any  trial,  the  following  oath, 
which  shall  also  be  taken  by  all  members  of  the  regimental 
and  garrison  courts-martial : 

*'  You,  A.  B.,  do  swear  that  you  will  well  and  truly  try  and 
determine,  according  to  evidence,  the  matter  now  before  you, 
between  the  Confederate  States  of  America  and  the  prisoner  to 
be  tried,  and  that  you  will  duty  administer  justice,  according  to 


;o 


ARTICLES    OF    WAR.  259 

the«provisions  of '  An  act  establishing  rules  and  artieles  for  the 
government  of  the  Armies  of  the  Confederate  States/  without 
partiality,  favor,  or  affection ;  and  if  any  doubt  should  arise, 
not  explained  by  said  articles,  according  to  your  conscience, 
the  best  of  your  understanding,  and  the  custom  of  war  in  like 
cases;  and  you  do  further  swear  that  you  will  not  divulge  the 
sentence  of  the  court  until  it  shall  be  published  by  the  proper 
authority;  neither  will  you  disclose  or  discover  the  vote  or 
opinion  of  any  particular  member  of  the  court-martial,  unless 
required  to  give  evidence  thereof,  as  a  witness,  by  a  court  of 
justice,  in  a  due  course  of  law.     So  help  you  God." 

And  so  soon  as  the  said  oath  shall  have  been  administered  to 
the  respective  members,  the  president  of  the  court  shall  ad- 
minister to  the  judge  advocate,  or  person  officiating  as  such,  an 
oath  in  the  following  words  : 

H  You,  A.  B.,  do  swear  that  you  will  not  disclose  or  discover 
the  vote  or  opinion  of  any  particular  member  of  the  court-mar- 
tial, unless  required  to  give  evidence  thereof,  as  a  witness,  by  a 
court  of  justice,  in  due  course  of  law ;  nor  divulge  the  sentence 
of  the  court  to  any  but  the  proper  authority,  until  it  shall  be 
duly  disclosed  by  the  same.     So  help  you  G-od." 

Art.  70.  When  a  prisoner,  arraigned  before  a  general  court- 
martial,  shall,  from  obstinacy  and  deliberate  design,  stand  mute, 
or  answer  foreign  to  the  purpose,  the  court  may  proceed  to  trial 
and  judgment  as  if  the  prisoner  had  regularly  pleaded  not  guilty. 

Art.  71.  When  a  member  shall  be  challenged  by  a  prisoner, 
he  must  state  his  cause  of  challenge,  of  which  the  court  shall, 
after  due  deliberation,  determine  the  relevancy  or  validity,  and 
decide  accordingly ;  and  no  challenge  to  more  than  one  mem- 
ber at  a  time  shall  be  received  by  the  court. 

Art.  72.  All  the  members  of  a  court-martial  are  to  behave 
with  decency  and  calmness;  and  in  giving  their  votes  are  to 
begin  with  the  youngest  in  commission. 

Art.  73.  All  persons  who  give  evidence  before  a  court-mar- 
tial are  to  be  examined  on  oath  or  affirmation,  in  the  following 
form: 

"  You  swear,  or  affirm  (as  the  case  may  be),  the  evidence  you 
shall  give  in  the  cause  now  in  hearing  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  truth.     So  help  you  G-od." 

Art.  74.  On  the  trials  of  cases  not  capital,  before  courts-mar- 
tial, the  deposition  of  witnesses,  not  in  the  line  or  staff  of  the 


2fi0  APPENDIX. 

army,  may  be  taken  before  some  justice  of  the  peace,  and  i;ead 
in  evidence;  provided  the  prosecutor  and  person  accused  are 
present  at  the  taking  the  same,  or  are  duly  notified  thereof. 

Art.  75.  No  officer  shall  be  tried  but  by  a  general  court-mar- 
tial, nor  by  officers  of  an  inferior  rank,  if  it  can  be  avoided. 
Nor  shall  any  proceedings  of  trials  be  carried  on  excepting  be- 
tween the  hours  of  eight  in  the  morning  and  three  in  the  after- 
noon ;  excepting  in  cases  which,  in  the  opinion  of  the  officer 
appointing  the  court-martial,  require  immediate  example. 

Art.  76.  No  person  whatsoever  shall  use  any  menacing 
words,  signs,  or  gestures,  in  presence  of  a  court-martial,  or  shall 
cause  any  disorder  or  riot,  or  disturb  their  pi-oeeedings,  on  the 
penalty  of  being  punished  at  the  discretion  of  the  said  court- 
martial. 

Art.  77.  Whenever  any  officer  shall  be  charged  with  a  crime, 
he  shall  be  arrested  and  confined  in  his  barracks,  quarters,  or 
tent,  and  deprived  of  his  sword  by  the  commanding  officer.  And 
any  officer  who  shall  leave  his  confinement  before  he  shall  be 
set  at  liberty  by  the  commanding  officer,  or  by  a  superior  offi- 
cer, shall  be  cashiered. 

Art.  78.  Non-commissioned  officers  and  soldiers,  charged  with 
crimes,  shall  be  confined  until  tried  by  a  court-martial,  or  re- 
leased by  proper  authority. 

Art.  79.  No  officer  or  soldier  who  shall  be  put  in  arrest  shall 
continue  in  confinement  more  than  eight  days,  or  until  such  time 
as  a  court-martial  can  be  assembled. 

Art.  80.  No  officer  commanding  a  guard,  or  provost  marshal, 
shall  refuse  to  receive  or  keep  any  prisoner  committed  to  his 
charge  by  an  officer  belonging  to  the  forces  of  the  Confederate 
States ;  provided  the  officer  committing  shall,  at  the  same 
time,  deliver  an  account  in  writing,  signed  by  himself,  of  the 
crime  of  which  the  said  prisoner  is  charged. 

Art.  81.  No  officer  commanding  a  guard,  or  provost  marshal, 
shall  presume  to  release  any  person  committed  to  his  charge 
without  proper  authority  for  so  doing,  nor  shall  he  suffer  any 
person  to  escape,  on  the  penalty  of  being  punished  for  it  by  the 
sentence  of  a  court-martial. 

Art.  82.  Every  officer,  or  provost  marshal,  to  whose  charge 
prisoners  shall  be  committed,  shall,  within  twenty-four  hours 
after  such  commitment,  or  as  soon  as  he  shall  be  relieved  from 
his  guard,  make  report  in  writing  to  the  commanding  officer 


ARTICLES    OF    WAK.  2t>  I 

of  their  names,  their  crimes,  and  the  names  of  the  officers  who 
committed  them,  on  the  penalty  of  being  punished  for  disobedi- 
ence or  neglect,  at  the  discretion  of  a  court-martial. 

Art.  83.  Any  commissioned  officer  convicted  before  a  general 
court-martial  of  conduct  unbecoming  an  officer  and  a  gentleman, 
shall  be  dismissed  the  service. 

Art.  84.  In  eases  where  a  court-martial  may  think  it  proper 
to  sentence  a  commissioned  officer  to  be  suspended  from  com- 
mand, they  shall  have  power  also  to  suspend  his  pay  and  emolu- 
ments for  the  same  time,  according  to  the  nature  and  heinous- 
ness  of  the  offence. 

Art.  85.  In  all  cases  where  a  commissioned  officer  is  cashier- 
ed for  cowardice  or  fraud,  it  shall  be  added,  in  the  sentence,  that 
the  crime,  name,  and  place  of  abode,  and  punishment  of  the  de- 
linquent, be  published  in  the  newspapers  in  and  about  the  camp, 
and  of  the  particular  state  from  which  the  offender  came,  or 
where  he  usually  resides ;  after  which  it  shall  be  deemed  scan- 
dalous for  an  officer  to  associate  with  him. 

Art.  86.  The  commanding  officer  of  any  post  or  detachment 
in  which* there  shall  not  be  a  number  of  officers  adequate  to 
form  a  general  court-martial,  shall,  in  cases  which  require  the 
cognizance  of  such  a  court,  report  to  the  commanding  officer  of 
the  department,  who  shall  order  a  court  to  be  assembled  at  the 
nearest  post  or  department,  and  the  party  accused,  with  neces- 
sary witnesses,  to  be  transported  to  the  place  where  the  said 
court  shall  be  assembled. 

Art.  87.  No  person  shall  be  sentenced  to  suffer  death  but  by 
the  concurrence  of  two-thirds  of  the. members  of  a  general  court- 
martial,  nor  except  in  the  cases  herein  expressly  mentioned; 
and  no  officer,  non-commissioned  officer,  soldier,  or  follower  of 
the  army,  shall  be  tried  a  second  time  for  the  same  offence. 

Art.  88.  No  person  shall  be  liable  to  be  tried  and  punished 
by  a  general  court-martial  for  any  offence  which  shall  appear 
to  have  been  committed  more  than  two  years  before  the  issuing 
of  the  order  for  such  trial,  unless  the  person,  by  reason  of  hav- 
ing absented  himself,  or  some  other  manifest  impediment,  shall 
not  have  been  amenable  to  justice  within  that  period. 

Art.  89.  Every  officer  authorized  to  order  a  general  court- 
martial  shall  have  power  to  pardon  or  mitigate  any  punishment 
ordered  by  such  court,  except  the  sentence  of  death,  or  of  cash- 
iering an  officer ;  which,  in  the  eases  whei*e  he  has  authority 


262  APPENDIX. 

(by  Article  65)  to  carry  them  into  execution,  he  may  suspend, 
until  the  pleasure  of  the  President  of  the  Confederate  States 
can  be  known  ;  which  suspension,  together  with  copies  of  the 
proceedings  of  the  court-martial,  the  said  officer  shall  immedi- 
ately transmit  to  the  President  for  his  determination.  And  the 
colonel  or  commanding  officer  of  the  regiment  or  garrison  where 
any  regimental  or  garrison  court-martial  shall  be  held,  may 
pardon  or  mitigate  any  punishment  ordered  by  such  court  to  be 
inflicted. 

Art.  90.  Every  judge  advocate,  or  person  officiating  as  such, 
at  any  general  court-martial,  shall  transmit,  with  as  much  ex- 
pedition as  the  opportunity  of  time  and  distance  of  place  can 
admit,  the  original  proceedings  and  sentence  of  such  court-mar- 
tial to  the  Secretary  of  War ;  which  said  original  proceedings 
and  sentence  shall  be  carefully  kept  and  preserved  in  the  office 
of  said  secretary,  to  the  end  that  the  persons  entitled  thereto 
may  he  enabled,  upon  application  to  the  said  officer,  to  obtain 
copies  thereof. 

The  party  tried  by  any  general  court-martial  shall,  upon  de- 
mand thereof,  made  by  himself,  or  by  any  person  or  persons  in 
his  behalf,  be  entitled  to  a  copy  of  the  sentence  and  proceedings 
of  such  court-martial. 

Art.  91.  In  cases  where  the  general  or  commanding  officer 
may  order  a  court  of  inquiry  to  examine  into  the  nature  of  any 
transaction,  accusation,  or  imputation  against  any  officer  or  sol- 
dier, the  said  court  shall  consist  of  one  or  more  officers,  not  ex- 
ceeding three,  and  a  judge  advocate,  or  other  suitable  person, 
as  a  recorder,  to  reduce  the  proceedings  and  evidence  to  writing 
— all  of  whom  shall  be  sworn  to  the  faithful  performance  of 
their  duty.  This  court  shall  have  the  same  power  to  summon 
witnesses  as  a  court-martial,  and  to  examine  them  on  oath.  But 
they  shall  not  give  their  opinion  on  the  merits  of  the  case,  ex- 
cepting they  shall  be  thereto  specially  required.  The  parties 
accused  shall  also  be  permitted  to  cross-examine  and  interrogate 
the  witnesses,  so  as  to  investigate  fully  the  circumstances  in 
the  question. 

Art.  92.  The  proceedings  of  a  court  of  inquiry  must  be  au- 
thenticated by  the  signature  of  the  recorder  and  the  president, 
and  delivered  to  the  commanding  officer,  and  the  said  proceed- 
ings may  be  admitted  as  evidence  by  a  court-martial,  in  cases 
not  capital,  or  extending  to  the  dismission  of  an  officer,  provided 


r  ARTICLES    OF    WAR.  263 

that  the  circumstances  are  such  that  oral  testimony  can  not  be 
obtained.  But  as  courts  of  inquiry  may  be  perverted  to  dis- 
honorable purposes,  and  may  be  considered  as  engines  of  de- 
struction to  military  merit,  in  the  hands  of  weak  and  envious 
commandants,  they  are  hereby  prohibited,  unless  directed  by 
the  President  of  the  Confederate  States,  or  demanded  by  the 
accused. 

Art.  93.  The  judge  advocate  or  recorder  shall  administer  to 
the  members  the  following  oath  : 

"You  shall  well  and  truly  examine  and  inquire,  according  to 
your  evidence,  into  the  matter  now  before  you,  without  parti- 
ality, favor,  affection,  prejudice,  or  hope  of  reward.  So  help 
you  God." 

After  which  the  president  shall  administer  to  the  judge  advo- 
cate or  recorder  the  following  oath  : 

"  You,  A.  B.,  do  swear  that  you  will,  according  to  your  best 
abilities,  accurately  and  impartially  record  the  proceedings  of 
the  court,  and  the  evidence  to  be  given  in  the  case  in  hearing. 
So  help  you  God." 

The  witnesses  shall  take  the  same  oath  as  witnesses  sworn 
before  a  court-martial. 

Art.  94.  "When  any  commissioned  officer  shall  die  or  be  killed 
in  the  service  of  the  Confederate  States,  the  major  of  the  regi- 
ment, or  the  officer  doing  the  major's  duty  in  his  absence,  or,  in 
any  post  or  garrison,  the  second  officer  in  command,  or  the  as- 
sistant military  agent,  shall  immediately  secure  all  his  effects 
or  equipage  then  in  camp  or  quarters,  and  shall  make  an  inven- 
tory thereof,  and  forthwith  transmit  the  same  to  the  office  of 
the  Department  of  War,  to  the  end  that  his  executors  or  admin- 
istrators may  receive  the  same. 

Art.  95.  When  any  non-commissioned  officer  or  soldier  shall 
die  or  be  killed  in  the  service  of  the  Confederate  States,  the  then 
commanding  officer  of  the  troop  or  company  shall,  in  the  pres- 
ence of  two  other  commissioned  officers,  take  an  account  of  what 
effects  he  died  possessed  of,  above  his  arms  and  accoutrements, 
and  transmit  the  same  to  the  office  of  the  Department  of  War, 
which  said  effects  are  to  be  accounted  for  and  paid  to  the 
representatives  of  such  deceased  non-commissioned  officer  or 
soldier.  And  in  case  any  of  the  officers,  so  authorized  to  take 
care  of  the  effects  of  such  deceased  non-commissioned  officers  and 
soldiers  should,  before  they  have  accounted  to  their  represent- 


264  APPENDIX. 

atives  for  the  same,  have  occasion  to  leave  the  regiment  or  post, 
by  preferment  or  otherwise,  they  shall,  before  they  be  permitted 
to  quit  the  same,  deposit  in  the  hands  of  the  commanding  offi- 
cei*,  or  of  the  assistant  military  agent,  all  the  effects  of  such  de- 
ceased non-commissioned  officers  and  soldier,  in  order  that  the 
same  may  be  secured  for,  and  paid  to,  their  respective  represent- 
atives. 

Art.  96.  All  officers,  conductors,  gunners,  matrosses,  drivers, 
or  other  persons  whatsoever,  receiving  pay  or  hire  in  the  ser- 
vice of  the  artillery,  or  corps  of  engineers  of  the  Confederate 
States,  shall  be  governed  by  the  aforesaid  rules  and  articles, 
and  shall  be  subject  to  be  tried  by  courts-martial,  in  like  man- 
ner with  the  officers  and  soldiers  of  the  other  troops  in  the  ser- 
vice of  the  Confederate  States. 

Art.  97.  The  officers  and  soldiers  of  any  troops,  whether 
militia  or  others,  being  mustered  and  in  pay  of  the  Confederate 
States,  shall,  at  all  times  and  in  all  places,  when  joined,  or  act- 
ing in  conjunction  with  the  regular  forces  of  the  Confederate 
States,  be  governed  by  these  Rules  and  Articles  of  War,  and 
shall  be  subject  to  be  tried  by  courts-martial,  in  like  manner 
with  the  officers  and  soldiers  in  the  regular  forces;  save  only 
that  such  courts-martial  shall  be  composed  entirely  of  militia 
officers. 

Art.  98.  All  officers  serving  by  commission  from  the  author- 
ity of  any  particular  state,  shall,  on  all  detachments,  courts 
martial,  or  other  duty,  wherein  they  may  be  employed  in  con- 
junction with  the  regular  forces  of  the  Confederate  States,  take 
rank  next  after  all  officers  of  the  like  grade  in  said  regular 
forces,  notwithstanding  the  commissions  of  such  militia  or  state 
officers  may  be  older  than  the  commissions  of  the  officers  of  the 
regular  forces  of  the  Confederate  States. 

Art.  99.  All  crimes  not  capital,  and  all  disorders  and  neg- 
lects which  officers  and  soldiers  may  be  guilty  of,  to  the  prej- 
udice of  good  order  and  military  discipline,  though  not  men- 
tioned in  the  foregoing  Articles  of  War,  are  to  be  taken  cogni- 
zance of  by  a  general  or  regimental  court-martial,  according  to 
the  nature  and  degree  of  the  offence,  and  be  punished  at 
their  discretion. 

Art.  100.  The  President  of  the  Confederate  States  shall 
have  power  to  prescribe  the  uniform  of  the  army. 

Art.  101.  The  foregoing  articles  are  to  be  read  and  publish- 


ARTICLES    OF    WAR.  265 

ed,  once  in  every  six  months,  to  every  garrison,  regiment, 
troop,  or  company  mustered,  or  to  be  mustered,  in  the  service 
of  the  Confederate  States,  and  are  to  be  duly  observed  and 
obeyed  by  all  officers  and  soldiers  who  are,  or  shall  be,  in  said 
service. 

Sec.  2.  And  be  it  further  enacted,  That  in  time  of  war,  all 
persons  not  citizens  of,  or  owing  allegiance  to,  the  Confederate 
States  of  America,  who  shall  be  found  lurking  as  spies  in  and 
about  the  fortifications  or  encampments  of  the  Armies  of  the 
Confederate  States,  or  any  of  them,  shall  suffer  death,  accord- 
ing to  the  law  and  usage  of  nations,  by  sentence  of  a  general 
court-martial. 


PROVISIONS  OF  UNITED  STATES  LAWS 

IN  FORCE 

RELATING  TO  THE 

ORDNANCE  DEPARTMENT. 


Aprils,  From  and  after  the  passage  of  this  act,  the  Ord- 

4  stat.  504  nance  department  shall  consist  of  one  colonel,  one 
lieutenant-colonel,  two  majors,  and  ten  captains,  and 
as  many  enlisted  men  as  the  public  service  may  re- 
quire, not  exceeding  two  hundred  and  fifty. 

ibid,  §4.  All  officers  and  enlisted  men  authorized  by  this  act 

shall  be  subject  to  the  Rules  and  Articles  of  War,  and 
that  the  officers  shall  receive  the  pay  and  emoluments 
now  allowed,  or  which  may  hereafter  be  allowed,  to 
artillery  officers. 

feb.  8,  wis        it  shall  be  the  duty  of  the  Colonel  of  the  Ordnance 

§  4,  3  stat.  J 

s*03-  department  to  direct  the  inspection  and  proving  of  all 

pieces  of  ordnance,  cannon-balls,  shot,  shell,  small- 
arms,  and  side-arms,  and  equipments  procured  for  the 
use  of  the  Armies  of  the  United  States,  and  to  direct 
the  construction  of  all  cannons  and  carriages,  and 
eveiy  implement  and  apparatus  for  ordnance,  and  all 
ammunition  wagons,  travelling  forges,  and  artificers' 
wagons,  the  inspection  and  proving  of  powder,  and 
the  preparation  of  all  kinds  of  ammunition  and  ord- 
nance stores.  And  it  shall  also  be  the  duty  of  the 
Colonel  or  senior  officer  of  the  Ordnance  department 
to  furnish  estimates,  and,  under  the  direction  of  the 
Secretary  for  the  Department  of  War,  to  make  con- 
tracts and  purchases  for  procuring  the  necessary  sup- 
plies of  arms,  equipments,  ordnance,  and  ordnance 
stores. 

ibid.  ?  4.  The  Colonel  of  the  Ordnance  department  shall  or- 


ORDNANCE    DEPARTMENT.  267 

ganize  and  attach  to  regiments,  corps,  or  garrisons, 
such  number  of  artificers,  with  proper  tools,  carriages, 
and  apparatus,  under  such  regulations  and  restrictions 
relative  to  their  government  and  number  as,  in  his 
judgment,  with  approbation  of  the  Secretary  for  the 
Department  of  War,  may  be  considered  necessary. 

The  Colonel  of  the  Ordnance  department,  or  senior  ibid,  g  5. 
officer  of  that  department,  of  any  district,  shall  ex- 
ecute all  orders  of  the  Secretary  for  the  Department 
of  War,  and  in  time  of  war,  the  orders  of  any  general 
or  field-officer  commanding  any  army,  garrison,  or  de- 
tachment, for  the  supply  of  all  arms,  ordnance,  ammu- 
nition, carriages,  forges,  and  apparatus  for  garrison, 
field,  or  siege  service. 

The  keepers  of  all  magazines  and  arsenals  shall,  ibid,  g6. 
quarterly,  or  oftener  if  so  directed,  and  in  such  man- 
ner as  directed  by  the  Colonel  of  the  Ordnance  depart- 
ment, make  correct  returns  to  the  Colonel  or  senior 
officer  of  the  Ordnance  department  of  all  ordnance, 
arms,  and  ordnance  stores  they  may  have  in  charge. 

The   costs  of    repairs  of  damages   done  to   arms,  ibid,  §7. 
equipments,  or  implements  in  the  use  of  the  Armies 
of  the  United  States  shall  be  deducted  from  the  pay  « 

of  any  officer  or  soldier  in  whose  care  or  use  the  said 
arms,  equipments,  or  implements  were  when  the  said 
damages  occurred  :  Provided,  The  said  damages  were 
occasioned  by  the  abuse  or  negligence  of  the  said  offi- 
cer or  soldier.  And  it  is  hereby  made  the  duty  of 
every  officer  commanding  regiments,  corps,  garrisons, 
or  detachments,  to  make,  once  every  two  months,  or 
oftener  if  so  directed,  a  written  report  to  the  Colonel 
of  the  Ordnance  department,  stating  all  damages  to 
arms,  equipments,  and  implements  belonging  to  his 
command,  noting  those  occasioned  by  negligence  or 
abuse,  and  naming  the  officer  or  soldier  by  whose 
negligence  or  abuse  the  said  damages  were  occasioned. 

The  Colonel  of  the  Ordnance  department  shall  make,  ibid,  g  8. 
half-yearly,  to  the  War  department,  or  oftener  if  the 
secretary  for  that  department  shall  so  direct,  a  cor- 
rect report  of  the  officers,  and  all  artificers  and  labor- 
ers in  his  department ;  also,  of  all  ordnance,  arms, 


XiOW  APPENDIX. 

military  stores,  implements,  and  apparatus  of  every 
description,  and  in  such  form  as  the  Secretary  for  the 
Department  of  War  shall  direct. 

ibid,  §9.  To  insure  system  and  uniformity  in  the  different 

public  armories,  they  are  hereby  placed  under  the 
direction  of  the  Ordnance  department.  And  the 
Colonel  of  the  Ordnance  department,  under  the  direc- 
tion of  the  Secretary  for  the  Department  of  War,  is 
hereby  authorized  to  establish  depots  of  arms,  ammu- 
nition, and  ordnance  stores,  in  such  parts  of  the 
United  States,  and  in  such  numbers,  as  may  be  deemed 
necessary. 

ibid,  §10.  The  Colonel  of  the  Ordnance  department,  under  the 

direction  of  the  Secretary  for  the  Department  of  War, 
is  hereby  authorized  to  draw  up  a  system  of  regula- 
tions for  the  government  of  the  Ordnance  depart- 
ment, forms  of  returns  and  reports,  and  for  the  uni- 
formity of  manufactures  of  all  arms,  ordnance,  ord- 
nance stores,  implements,  and  apparatus,  and  for  the 
repairing  and  better  preservation  of  the  same. 

ibid,  §11.  The  pay,  emoluments,  and  allowances  for  the  offi- 

cers of  the  Ordnance  department  shall  be  the  same  as 
the  pay,  emoluments,  and  allowances  now  allowed  to 
officers  of  similar  grades  respectively,  in  the  artillery 
of  the  United  States.        ****** 

April  24,  The  Ordnance  department  be  continued  as  at  pres- 

3  sta't! 299.  ent  organized  under  the  act  of  February  8,  1815;  and 
that  ordnance  officers  be  assigned  to  their  duties  with 
the  staff  of  the  army,  in  the  same  manner  as  from  the 
corps  of  engineers. 


SALARIES. 

An  act  to  increase  the  pay  of  certain  officers  and  employ-  Oct.  13, 1S62 
ees  in  the  Executive  and  Legislative  departments. 

The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  on  the  salaries  or  compensation  of  all 
officers  and  employees  of  the  several  Executive  and 
Legislative  departments,  appointed  under  any  law  of 
Congress  and  employed  in  the  City  of  Kichmond, 
whose  salaries  or  compensation  shall  not  now  exceed 
one  thousand  dollars,  there  shall  be  added,  for  the  pe- 
riod of  one  year,  fifty  per  cent.,  and  for  the  period  of 
one  year  the  salaries  or  compensation  of  all  such  offi- 
cers and  employees  now  receiving  not  less  than  one 
thousand  dollars  and  under  fifteen  hundred  dollars, 
shall  be  fixed  at  fifteen  hundred  dollars,  and  all  now 
receiving  fifteen  hundred  dollars  shall  receive  seven- 
teen hundred  a^d  fifty  dollars. 

An  act  to  declare  the  meaning  and  extend  the  provisions  April  29, 
of  an  act  entitled   "  An  act  to  increase  the  pay  of  cer-  ch- 49- 
tain  officers  and  employees  in  the  Executive  and  Legis- 
lative departments,"  approved  October  thirteenth,  eigh- 
teen hundred  and  sixty -two. 

The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  act  entitled  "  An  act  to  increase 
the  pay  of  certain  officers  and  employees  in  the  Execu- 
tive and  Legislative  departments,"  approved  October 
thirteenth,  eighteen  hundred  and  sixty-two,  be  and  the 
same  is  hereby  extended  and  declared  to  be  in  force 
for  the  period  of  three  months  after  the  thirteenth  day 
of  October,  eighteen  hundred  and  sixty-three. 

Sec.  2.  Be  it  further  enacted,  That  it  was  the  inten- 
tion of  Congress  that  the  said  act  should  be  construed 
so  that  the  benefits  of  the  same  shall  extend  and  inure 
to  the  temporary  as   well  as  permanent  officers  and 


270  APPENDIX. 

employees  in  the  civil  employment  of  the  government 
in  the  City  of  Eichmond. 

Sec.  3.  Be  it  further  enacted,  That  it  was  not  the 
intention  of  Congress,  by  the  passage  of  the  above  re- 
cited act,  to  repeal  an  act  entitled  "  An  act  to  provide 
a  compensation  for  the  disbursing  officers  of  the  several 
Executive  departments,"  approved  May  sixteenth,  A. 
D.  eighteen  hundred  and  sixty-one ;  and  it  is  hereby 
declared  that  the  disbursing  clerks  in  the  Departments 
of  State,  Treasury,  War,  Navy,  and  Justice,  and  in  the 
Post-office  department,  and  the  disbursing  officer  of 
the  contingent  fund  of  the  Executive  office,  shall  each 
hereafter  be  allowed,  in  addition  to  his  salary  or  com- 
pensation as  clerk,  the  sum  of  two  hundred  dollars  per 
annum  for  disbursing  the  funds  of  the  department 
which  may  be  required  to  pass  through  his  hands. 

Jan.  13, 1864   ^n  aci  f0  continue  in  force  the  provisions  of  an  act  therein 

ch.  9.  r  J 

named. 

The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  provisions  of  an  act  entitled  "  An 
act  to  increase  the  pay  of  certain  officers  and  employ- 
ees of  the  Executive  and  Legislative  departments," 
approved  October  thirteenth,  eighteen  hundred  and 
sixty- two,  be  and  the  same  are  hereby  continued  in 
force  until  otherwise  ordered  by  Congress. 

Jan.  30, 1864  An  act  to  increase  the  compensation  of  certain  civil  officers 
and  employees  in  the  President's  office,  and  in  the  Ex- 
ecutive and  Legislative  departments,  at  Richmond,  for 
a  limited  period. 

The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  salaries  and  compensation  of  all 
civil  officers  and  employees  in  the  President's  office, 
and  in  the  Executive  and  Legislative  departments,  at 
Eichmond,  whose  compensation  or  salaries  do  not  ex- 
ceed the  sum  of  two  thousand  dollars  per  annum,  shall 
be  increased  from  the  passage  of  this  act  to  the  fif- 
teenth of  May,  eighteen  hundred  and  sixty-four,  at  the 
rate  of  one  hundred  per  cent,  per  annum :  Provided, 


SALARIES.  271 

The  same  shall  not  thereby  be  increased  beyond  the 
rate  of  three  thousand  dollars  per  annum ;  and  the 
salaries  of  all  said  officers  whose  compensation  is  above 
two  thousand  dollars,  and  does  not  exceed  the  sum  of 
three  thousand  dollars  per  annum,  shall,  for  the  same 
period  of  time,  be  increased  at  the  rate  of  fifty  per  cent. 
per  annum ;  but  it  is  hereby. expressly  declared  that 
the  increased  compensation  provided  for  in  this  act 
shall  not  be  paid  to  any  officer  or  employee  in  any 
executive  department  of  the  government  who  is  liable 
to  perform  military  duty,  or  is  able  to  bear  arms  in 
the  field,  unless  such  officer  or  employee  shall  first  ob- 
tain a  certificate  from  the  head  of  the  department  in 
which  he  is  engaged  that  his  services  are  absolutely 
necessary  to  the  government,  and  that  his  place  can 
not  be  supplied  by  any  one  known  to  the  head  of  the 
department  who  is  not  subject  to  military  duty — which 
said  certificate  shall  be  filed  with  the  Secretary  of  the 
Treasury  before  the  money  is  paid ;  and  it  shall  be  the 
duty  of  the  said  secretary,  at  the  beginning  of  each 
session,  to  communicate  a  list  of  all  such  certificates 
to  Congress :  Provided,  That  no  clerk  who,,  by  virtue 
of  a  military  commission,  receives  rations  or  commu- 
tation of  rations,  shall  be  entitled  to  the  benefit  of  this 
act. 

An  act  to  continue  in  force  and  amend  the  provisions  of  Mayi3,i864 
an  act  approved  January  thirtieth,  eighteen  hundred 
and  sixty-four,  increasing  the  compensation  of  certain 
officers  and  employees  in  the  Civil  and  Legislative  de- 
partments, at  Richmond. 

The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  provisions  of  an  act  entitled  "  An 
act  to  increase  the  compensation  of  certain  civil  offi- 
cers and  employees  in  the  President's  office,  and  in  the 
Executive  and  Legislative  departments,  at  Richmond, 
for  a  limited  period,"  approved  January  thirtieth, 
eighteen  hundred  and  sixty-four,  be  and  the  same  are 
hereby  continued  in  force  until  the  first  day  of  Janu- 
ary, eighteen  hundred  and  sixty-five,  and  that  the 


272  APPENDIX. 

benefits  of  the  said  act  be,  for  the  time  aforesaid,  con- 
tinued to  such  clerks  of  the  Treasury  department  as 
have  recently  been  removed  from  Eichmond  to  Charles- 
ton, South  Carolina,  and  such  other  clerks  as  may  be 
there  employed. 

June  14,       An  act  to  increase  the  compensation  of  the  heads  of  the 
ch.  45.  several  Executive  departments,  and  the  Assistant  Secre- 

tary of  War  and  the  Treasury,  and  of  the  Assistant 
Attorney-General,  and  the  Comptroller  of  the  Treasury, 
and  other  officers  therein  named. 

The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  compensation  of  the  heads  of  the 
several  Executive  departments  of  the  government 
shall,  for  one  year  from  the  passage  of  this  act,  be  in- 
creased to  nine  thousand  dollars ;  and  of  the  Assistant 
Secretary  of  War  and  of  the  Treasury,  and  of  the  As- 
sistant Attorney-General,  and  the  Comptroller  of  the 
Treasury,  be  increased  to  six  thousand  dollars ;  and 
that  the  salaries  of  all  clerks  and  employees  in  the  va- 
rious departments  located  in  the  City  of  Richmond  be 
increased  thirty-three  and  one-third  per  cent. ;  and  at 
all  other  points  throughout  the  Confederate  States 
twenty-five  per  cent.,  for  one  year  from  the  passage  of 
this  act :  Provided,  That  the  clerks  detailed  from  the 
army  or  navy  shall  not  be  entitled  to  the  benefits  of 
this  act. 


PRESIDENT'S  INSTRUCTIONS 

TO 

PRIVATE  ARMED  VESSELS 


1.  The  tenor  of  your  commission  under  the  act  of  Congress 
entitled  "  An  act  recognizing  the  existence  of  war  between  the 
United  States  and  the  Confederate  States,  and  concerning  let- 
tors  of  marque,  prizes,  and  prize  goods,"  a  copy  of  which  is 
hereto  annexed,  will  be  kept  constantly  in  your  view.  The 
high  seas  referred  to  in  your  commissions  you  will  understand, 
generally,  to  refer  to  low-water  mark;  but  with  the  exception 
of  the  space  within  one  league,  or  three  miles  from  the  shore 
of  countries  at  peace  both  with  the  United  States  and  the  Con- 
federate States.  You  may,  nevertheless,  execute  your  commis- 
sion within  that  distance  of  the  shore  of  a  nation  at  war  with 
the  United  States,  and  even  on  the  waters  within  the  jurisdic- 
tion of  such  nation,  if  permitted  to  do  so. 

2.  You  are  to  pay  the  strictest  regard  to  the  rights  of  neutral 
powers,  and  the  usages  of  civilized  nations  :  and  in  all  your 
proceedings  tOAvard  neutral  vessels  you  are  to  give  them  as 
little  molestation  or  interruption  as  will  consist  with  the  right 
of  ascertaining  their  neutral  character,  and  of  detaining  and 
bringing  them  in  for  regular  adjudication,  in  the  proper  cases. 

You  are  particularly  to  avoid  even  the  appearance  of  using 
force  or  seduction,  with  a  view  to  deprive  such  vessels  of  their 
crews  or  of  their  passengers,  other  than  persons  in  the  military 
service  of  the  enemy. 

3.  Toward  enemy's  vessels  and  their  crews  you  are  to  proceed 
in  exercising  the  rights  of  war,  with  all  the  justice  and  human- 
ity which  characterize  this  government  and  its  citizens. 

4.  The  master,  and  one  or  more  of  the  principal  persons  be- 
longing to  the  captured  vessels,  are  to  be  sent,  as  soon  after  the 
capture  as  may  be,  to  the  judge  or  judges  of  the  proper  court 
in  the  Confederate  States,  to  be  examined  upon  oath  touching 

18 


274  APPENDIX. 

the  interest  or  property  of  the  captured  vessel  and  her  lading ; 
and  at  the  same  time  are  to  be  delivered  to  the  judge  or  judges 
all  papeis,  charter-parties,  bills  of  lading,  letters,  and  other 
documents  and  writings  found  on  board ;  the  said  papers  to  be 
proved  by  the  affidavit  of  the  commander  of  the  capturing 
vessel,  or  some  other  person  present  at  the  capture,  to  be  pro- 
duced as  they  were  received,  without  fraud,  addition,  subduc- 
tion,  or  embezzlement. 

5.  Property,  even  of  the  enemy,  is  exempt  from  seizure  on 
neutral  vessels,  unless  it  be  contraband  of  war.    ■ 

If  goods  contraband  of  war  are  found  on  any  neutral  vessel, 
and  the  commander  thereof  shall  offer  to  deliver  them  up,  the 
offer  shall  be  accepted,  and  the  vessel  left  at  liberty  to  pursue 
its  voyage,  unless  the  quantity  of  contraband  goods  be  greater 
than  can  be  conveniently  received  on  board  your  vessel,  in 
which  case  the  neutral  vessel  may  be  carried  into  port  for  the 
delivery  of  the  contraband  goods. 

The  following  articles  are  deemed  by  this  government  con- 
traband of  war,  as  well  as  all  others  that  arc  so  declared  by 
the  law  of  nations,  viz  : 

All  arms  and  implements  serving  for  the  purposes  of  war  by 
land  or  9ea,  such  as  cannons,  mortars,  guns,  muskets,  rifles, 
pistols,  petards,  bombs,  grenades,  ball,  shot,  shell,  fuses,  pikes, 
swords,  bayonets,  javelins,  lances,  horse-furniture,  holsters, 
belts,  and  generally  all  other  implements  of  war. 

Also,  timber  for  ship-building,  pitch,  tar,  rosin,  copper  in 
sheets,  sails,  hemp,  cordage,  and  generally  whatever  may  serve 
directly  to  the  equipment  of  vessels,  un wrought  iron  and  planks 
only  excepted. 

Neutral  vessels  conveying  enemies'  despatches  or  military 
persons  in  the  service  of  the  enemy,  forfeit  their  neutral  char- 
acter, and  are  liable  to  capture  and  condemnation.  But  this 
rule  docs  not  apply  to  neutral  vessels  bearing  despatches  from 
the  public  ministers  or  embassadors  of  the  enemy  residing  in 
neutral  countries. 

By  the  command  of  the  President  of  the  Confederate  States. 

EOBERT  TOOMBS, 

Secretary  of  State. 


PRIVATE    ARMED    VESSELS.  275 

FOKM  OF  BOND. 

Know  all  men  by  these  presents,  That  we  (Note  1) 
are  bound  to  the  Confederate  States  of  America  in  the  full 
sum  of  (Note  2)  thousand  dollars,  to  the  payment  where- 

of, well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  ex- 
ecutors, and  administrators,  jointly  and  severally,  by  these 
presents. 

The  condition  of  this  obligation  is  such,  that,  whereas  ap- 
plication has  been  made  to  the  said  Confederate  States  of 
America  for  the  grant  of  a  commission  or  letter  of  marque 
and  general  reprisals,  authorizing  the  (Note  8)  or  vessel 

called  the  ,  to  act  as  a  private  armed  vessel  in  the 

service  of  the  Confederate  States,  on  the  high  seas,  against  the 
United  States  of  America,  its  ships  and  vessels,  and  those  of  its 
citizens,  during  the  pendency  of  the  war  now  existing  between 
the  said  Confederate  States  and  the  said  United  States. 

Now,  if  the  owners,  officers,  and  crew,  who  shall  be  employed 
on  board  of  said  vessel  when  commissioned,  shall  observe  the 
laws  of  the  Confederate  States,  and  the  instructions  which  shall 
be  given  them  according  fo  law  for  the  regulation  of  their 
conduct,  and  shall  satisfy  all  damages  and  injuries  which  shall 
be  done  or  committed  contrary  to  the  tenor  thereof  by  such 
vessel  during  her  commission,  and  shall  deliver  up  said  commis- 
sion when  revoked  by  the  President  of  the  Confederate  States, 
then  this  obligation  shall  be  void,  but  otherwise  shall  remain 
in  full  force  and  effect. 

Signed,  sealed,  and  delivered  in  presence  of  on  this 

day  of 


A.  B. 
CD. 


Witnesses. 


SEAL. 
SEAL. 
SEAL. 
SEAL. 

Note  1. — This  blank  must  be  filled  with  the  name  of  the  commander  for  the 
time  being,  and  the  owner  or  owners,  and  at  least  two  responsible  sureties  not 
interested  in  the  vessel. 

Note  2. — This  blank  must  be  filled  with  a  "five,"  if  the  vessel  be  provided  only 
with  one  hundred  and  fifty  men,  or  a  less  number ;  if  with  more  than  that  number, 
the  blank  must  be  filled  with  a  "  ten." 

Note  3. — This  blank  must  be  filled  with  the  character  of  the  vessel — "  ship,' 
"brig."  "schoonor,"  "  steamer,"  etc. 


PERPETUATION  OF  TESTIMONY. 


AN  ACT 


rti"  6230'1861  To  perpetuate  testimony  in  cases  of  slaves  abducted  or  har- 
bored by  the  enemy,  and  of  other  property  seized,  wast- 
ed, or  destroyed  by  them. 

Section  1.  The  Congress  of  the  Confederate  States 
of  America  do  enact,  That  when  any  slave  or  slaves 
owned  by  a  citizen  of  the  Confederate  States,  or  an  in- 
habitant thereof,  shall  be,  or  may  have  been,  abducted 
or  harbored  by  the  enemy,  or  by  any  person  or  persons 
acting  under  the  authority,  or  color  of  authority  of 
the  United  States  government,  or  engaged  in  the  mili- 
taiy  or  naval  service  thereof,  during  the  existing  war, 
it  shall  be  lawful  for  the  owner  or  his  attorney  to  ap- 
pear before  any  judge  of  the  Confederate  States,  or  a 
commissioner  of  any  court  thereof,  or  any  notary  pub- 
lic, or  in  case  of  there  being  no  such  officer  within  the 
county,  city,  or  corporation  where  the  proceedings  arc 
instituted,  before  any  justice  of  the  peace  or  alderman 
consenting  to  act  in  the  premises,  and  adduce  proof, 
oral  or  written,  of  the  fact  of  such  ownership  and  ab- 
duction or  harboring.  If  the  owner  of  such  slave  or 
slaves  is  laboring  under  the  legal  disability  of  infancy, 
insanity,  or  coverture,  the  evidence  tending  to  estab- 
lish such  ownership,  and  abduction  or  harboring,  may 
be  adduced  by  the  proper  legal  representative  of  the 
owner.  In  all  cases  such  owner,  attorney,  or  repre- 
sentative shall  make  affidavit  of  the  loss.  Such  affida- 
vit shall  not  be  taken  as  evidence  of  the  fact  of  loss, 
unless  it  shall  appear  to  the  satisfaction  of  the  officer 
taking  the  same  that  no  other  and  better  evidence  can 
be  obtained — which  fact  shall  distinctly  appear  in  the 
certificate  of  such  officer;  and  it  shall  be  the  duty  of 


■ 


PERPETUATION    OF    TESTIMONY.  277 

the  judicial  officer  taking  cognizance  of  the  case  to  re- 
duce to  writing  the  oral  evidence,  and  to  retain  the 
written  evidence  in  support  of  the  alleged  ownership 
and  loss,  and,  within  thirty  days  after  the  hearing,  to 
transmit  the  same  to  the  Secretary  of  State  of  the 
Confederate  States,  to  be  filed  and  preserved  among 
the  archives  of  the  State  department,  accompanied  by 
a  certificate  from  the  said  judicial  officer,  authenticat- 
ing the  report  so  made  by  him.  And  the  said  j  udicial 
officer  shall  also  state  in  his  certificate  of  authentica- 
tion whether,  in  his  opinion,  the  evidence  so  heard  and 
transmitted  is,  or  is  not,  entitled  to  credit.  It  shall 
be  the  duty  of  the  Secretary  of  State  to  receive  and  file 
in  his  department  the  report  so  transmitted,  and  to 
furnish  to  the  owners,  attorney,  or  representative  a 
duly  certified  copy  thereof,  whenever  the  same  shall 
be  demanded. 

Sec.  2.  And  be  it  further  enacted,  That  whenever 
any  property,  other  than  slaves,  real  or  personal,  be- 
longing to  any  citizen  of  the  Confederate  States,  or 
any  inhabitant  thereof,  shall  be  seized,  wasted,  or  de- 
stroyed by  the  enemy,  during  the  existing  war,  or  by 
any  person  or  persons  acting  under  the  authority,  or 
color  of  authority  of  the  United  States  government, 
or  engaged  in  the  military  or  naval  service,  thereof,  the 
mode  of  taking  and  preserving  proof  thereof  shall  con- 
form in  all  respects  to  that  prescribed  in  the  above 
section,  and  have  like  effect. 

Sec  3.  And  be  it  further  enacted,  That  the  provi- 
sions of  this  act  shall  not  be  construed  as  implying  that 
the  Confederate  States  are  in  any  way  liable  to  make 
compensation  for  any  of  the  property  to  which  it  re- 
fers. 


INDEX. 

(  The  figures  refer  to  paragraphs. ) 


A. 

Absence  without  leave 325  et  seq. 

Accounts — Of  Indian  troops 363,364 

Of  acting  quartermasters  and  commissaries  of  Indian  troops 364,  365 

For  certain  horses  purchased  by  Colonel  Angus  W.  McDonald 385 

Of  War  department;  how  to  be  audited  and  filed 562 

Adjutant  and  Inspector-General's  department — 

Officers  of,  when  to  assume  command  of  troops 2 

Of  what  officers  to  consist 26  et  seq. 

Clerical  force  of 29 

Adjutants-general,  assistant,  for  volunteer  forces 98 

Adjutants — Of  regiments  and  legions 374 

For,  battalions 375 

Agents  of  states  to  visit  troops 345 

Aides-de-camp  of  brigadier-generals  ,•  duties  of 5 

Alabama  river ;  defence  of 200,  201 

Aliens — Protection  of,  while  in  military  service 479,  480 

Protection  of,  while  in  naval  service 686 

Appointments — Of  officers  in  Regular  Army  ;  how  made 8 

Of  staff  officers 3 

Of  brigadier-generals 5,  10 

Of  meritorious  non-commissioned  officers 11 

Staff  from  civil  life 21,  22 

Of  cadets 44 

Of  military  storekeepers 45,  46,  286  et  seq. 

Of  superintendents  of  armories,  master-armorers 47,  48,  49 

Of  clerk  in  Surgeon-General's  office  to  take  charge  of  hospital  supplies 43 

Of  officers  of  volunteers  for  the  war 105 

Of  officers  to  raise  volunteers  for  the  war 107 

Of  twenty  general  officers 370 

During  recess  of  Congress .495  et  seq. 

Of  officers  of  the  Regular  Navy See  Navy. 

Appraisement  of  military  supplies See  Impressments. 

Appropriation — To  meet  contracts  for  six  vessels  of  war 621,  622 

For  purchase  of  steamer  "  Florida  " 624,  625 

Armorers,  master 47,  48,  49 

Armories,  Superintendents  of 47 

Arms— Of  privates  to  be  paid  for 153 

Purchase  and  manufacture  of 388,  454  et  seq. 


"-.'SO  INDEX. 

Acquired  from  the  United  States 389 

Of  a  patent  invention 390 

Of  volunteers  to  be  kept  within  control  of  the  President 392 

Purchase  of,  from  soldiers,  prohibited 386 

Army  corps  to  be  organized 93,  94 

Army  intelligence-office 380 

Articles  of  War — Established  and  amended 13,  14 

Further  amended 330 

Artillery — Of  Provisional  Army 280  et  seq. 

Of  what  each  company  composed  of  conscripts  shall  consist 160 

Artillery  corps — Of  what  to  consist 58 

Increased 59 

Ordnance-sergeants  for 60,  01 

Assessors  to  estimate  tax  in  kind 529  et  seq.,  541  et  set/. 

Auditor,  Second  ;  duties  of,  in  relation  to  accounts  of  War  department 562 

B. 

Badges  of  distinction 381 

Bakeries 236 

Battalion  of  volunteers;  how  officered 96,  97 

Board  of  examination — To  examine  enrolled  men 191 

To  examine  applicants  for  furloughs  and  discharges. 419  et  seq. 

Bonds — Of  officers  of  Quartermaster  and  Commissary  departments 34,  302 

Of  military  storekeepers  of  ordnance 46 

Bounty — (^ee  Privateers  and  Prizes) — To  enlisted  men  in  Regular  Army 78 

For  volunteers  for  three  years  or  for  the  war 106,  120,*126,  128 

Due  deceased  and  discharged  soldiers 127 

To  recruits  for  three  years  or  for  the  war 132 

To  those  continued  in  service  under  Conscription  law 152 

To  persons  enlisting  in  marine  corps. 607 

To  seamen 613 

Bread  in  lieu  of  flour 236 

Brigadier-generals — Four  to  be  appointed  and  assigned 5 

One  additional 6 

Buglers  and  musicians 304,  305 

C. 

Cadets 44,  77 

Camps  of  instruction 176 

Cavalry — Quartermaster-sergeant  for  each  regiment  of 60 

Companies  composed  of  conscripts 160 

Equipments  may  be  furnished  to  volunteer  companies 384 

Cavalry  regiment,  Regular  Army  ;  of  what  to  consist 62 

Cavalry  regiment,  additional 63 

Chaplains — For  army 248  et  *eq. 

For  naval  vessels 597 

For  naval  hospitals 598 

Claims  of  South  Carolina  against  the  Confederate  States ' 528 

Clerks   to  quartermasters  and  commissaries  not  to  be  employed  if  liable  to 

military  duty 204,  172  et  seq. 

Coal-mines 456,  457 

Clothing — To  enlisted  men  in  Regular  Army 79 


indi:x.  281 

Of  volunteers , '• - 221  et  seq. 

Purchase  of,  by  officers,  allowed 238,  239 

To  militia ;  commutation  for 233,  234 

Importation  of  machinery  or  materials  for  the  manufacture  of 227  et  seq- 

For  sick  and  wounded  soldiers  in  hospitals ..410 

For  enlisted  men  of  the  navy 636 

Purchase  of,  from  soldiers,  prohibited 3S6 

Commissary  department— Officers  of,  when  to  assume  command  of  troops 2 

Of  what  officers  to  consist 38,  39 

Clerical  force  of 40 

Additional  officers  of,  in  connection  with  volunteers  or  militia 202,  203 

Employees  of;  how  to  be  selected 172,  204 

Commissaries  and  assistants — Of  Provisional  Army 202,  203 

Date  of  rank  and  pay  of 205 

Certain  investments  and  purchases  by,  prohibited 35,  215  et  seq. 

Commissary,  regimental ;  office  of  abolished.. 208 

Commissary-sergeants  assigned  to  regimental  quartermasters 209 

Commutation — For  clothing 1 222  et  seq.,  242 

For  clothing  to  militia 233 

For  travelling  pay,  subsistence,  forage,  and  undrawn  clothing .242 

In  lieu  of  quarters  to  army  intelligence-office .380 

Companies — To  consist  of  how  many 96,  160 

With  less  than  the  minimum  number 117,  135 

Conscription — Of  all  white  men  between  eighteen  and  thirty-five  . .  .143,  146  et  seq. 

Of  all  white  men  between  thirty-five  and  forty-five 144 

Of  all  white  men  between  seventeen  and  fifty 166  et  seq. 

Persons  liable  to,  may  volunteer 161 

Cooks — For  army 244  et  seq. 

For  hospitals , . .  .411,  412 

Cotton — Destroyed  under  military  necessity 506,  507,  535 

Tax  in  kind  on * . . . .  529  et  seq.,  541  et  seq. 

Courts See  Military  Courts. 

D. 

Deceased  soldiers ;  pay  and  allowances  due 388  et  seq. 

Delaware  ;  recruits  from 137  et  seq. 

Departments ^ee  War  Bejmrtment  and  Navy  Department. 

Desertion  ;  penalty  for  procuring 386 

Details — Required  by  justice  and  necessity .'.    . .  .174 

To  accompany  sick  and  wounded  soldiers 415 

Detailed  soldiers 331  et  seq. 

For  duty  in  Quartermaster  and  Commissary  departments 172,  204 

For  clerical  duty 331  et  seq. 

Discharges — Honorable  may  be  granted   to  privates  when  elected  or  appointed 

to  certain  civil  offices 377 

To  sick  and  wounded  soldiers , 419,  422 

Disqualified,  disabled,  and  incompetent  officers 306  et  seq.,  311 

Drill-masters 302,  303 

Drunkenness 319  et  seq. 

E. 

Election— Of  officers  of  volunteers  for  the  war 100,  1 23,  131,  146 

Of  officers  under  Conscription  laws 143,  144,  159 


282  INDEX. 

Enlistments  in  Regular  Army , S 

Enrolments See  Conscription. 

Of  persons  subject  thereto,  wherever  found 145 

Employment  of  officers  for , . .  .147 

Engineer  coi-ps 50,  I hi 

Colonel  of;  his  duties 52,  55 

May  be  increased 53 

Engineers — Bureau  of;  clerical  force  for 57 

Provisional  Army 254  et  seq. 

Engineer  troops 258  et  seq. 

Ensign  to  each  regiment  of  infantry 66 

Equipments  for  volunteer  cavalry  companies 384 

Exemption — From  military  service 180  ettteq. 

From  taxation 546  et  seq. 

F. 

Flag  ;  described  and  established  393 

Forage 74,  81,  82,  240 

Forces — In  service  of  the  several  states 84  et  seq. 

Military  and  naval  to  be  employed 88  et  seq.,  114,  115 

For  local  defence  and  special  service 193  et  seq. 

Forts  and  arsenals 394,  395 

Furloughs — To  twelve  months'  men  who  volunteer  or  re-enlist  for  three  years 

or  the  war 121 

Under  Conscription  laws , 143,  144 

To  sick  and  wounded  soldiers , 419 

G. 

General — Assigned  to  duty  at  seat  of  government 23 

For  trans-Mississippi  department 371 

Generals — Grade  of,  established ;  pay  and  allowances  ;  aides-de-camp 7 

Lieutenant,  to  command  army  corps 93 

Military  departments 372 

Brigadier  ;  appointment  and  assignment  to  duty 5,  6,  10 

Aides-de-camps  to 5 

May  be  assigned  to  duty  of  Adjutant  and  Inspector-General 6 

General  officers  ;  twenty  to  be  appointed  by  the  President. ...   370 

Gunboats 615  et  seq. 

H. 

Habeas  corpus 396  et  seq. 

Horses — Allowance  for  use  and  risk  of  horses,  and  for  horses  killed  in  action.. .  .95 
Purchased  by  order  of  Colonel  A.  W.  McDonald ,385 

Hospital — Stewards  for  Medical  department . . 42 

Supplies ;  clerk  in  office  of  Surgeon-General  to  take  charge  of 43 

Transportation  of 409 

Fund 408 

Accommodations  allowed  officers —  * 425  et  seq. 

Guards  ;  how  to  be  selected 172 

Hospitals — For  sick  and  wounded  soldiers 406  et  seq. 

Way 418 

Marine 685 


<  INDKX.  '283 

I. 

Impressments — For  the  army 428  et  seq. 

For  the  n avy 635 

Of  slaves  for  duties  with  the  army. 179 

Indian  troops 363  et  seq. 

Infantry — Regular  Army  ." 64 

Of  what  each  regiment  shall  consist 64 

One  additional  sergeant  to  each  company  of 65 

Of  what  each  company  of  conscripts  shall  consist 160 

Invalid  corps 311  et  seq. 

Iron ;  mines  and  manufacture  of 456,  457 

K. 
Kentucky  ;  recruits  from 137  et  seq. 

L. 

Laundresses — For  hospitals- . .  • 406 

Pay  of 407 

Lease See  Real  Estate. 

Letters  of  marque  and  reprisal See  /'rimteers  and  Prizes. 

Local  defence  and  special  service ;  forces  for 193  et  seq.,  629 

Lumberton  Guards 489 

M. 

Machinery — Importation  of,  for  manufacture  of  shoes  and  clothing 227  et  seq. 

t     For  manufacture  of  arms  and  munitions  of  war 388 

Manufacture  of  saltpetre  and  small-arms,  etc 454  et  seq. 

Maritime  law 654 

Marine  corps — Of  what  to  consist 601,  603 

Additional  officers  and  musicians  for 609 

Pay  and  allowances  of 601,  604,  609,632 

Duties  of  quartermaster  of 602 

Officers  of,  resigned  from  the  United  States 583 

Temporary  military  rank  and  command  to  officers  of 605 

Enlistments  in,  and  bounty  to 606  etseq. 

Clerk  to  commandant  of 610 

Transfer  of  soldiers  to 630,  631 

Persons  subject  to  enrolment  may  enlist  in 630,  631 

Marine  hospitals 685 

Maryland— Recruits  from 137  et  seq. 

Line 142 

Matrons  for  hospitals '. 411 

Medals  for  courage  and  good  conduct 381 

Medical  department — Officers  of,  when  and  where  to  assume  command  of  troops.  .2 

Of  what  officers  to  consist 41 

Hospital  stewards  for 42 

Clerk  for,  in  charge  of  hospital  supplies 43 

Additional  officers  for,  in  connection  with  militia  or. volunteers 202,  203 

Mileage 74 

Military  courts , 346  et  seq. 

Military  storekeepers 45,  46 

Of  ordnance 286,  287,  288 

Militia — To  be  employed .83  et  seq. 


'J-fii  INDKX. 

Commutation  for  clothing  to 233,  234 

"Virginia 366  et  seq. 

Mines  for  the  production  of  coal,  iron,  etc 456,  457 

Minors  ;  commissions  may  be  issued  to 376 

Mississippi  river;  floating  defences   for 199 

Missouri — Recruits  from '. 137  et  seq. 

Aid  extended  to ; 458 

•    Co-operation  of  the  President  for  defence  of 459 

Admission  of 460,  462 

Recognition  of  the  government  and  people  of 461 

"First  election  in,  for  representatives  to   Congress 463,  464 

Troops  ;  major-general  and  brigadier-generals  for 465,  466 

Troops  enrolled  under  Major-General  Sterling  Price;  pay  of 475 

State  Guard 476  et  seq. 

Treasury  notes  and  bonds  to  be  issued  to 469  et  seq. 

Mobile  bay;    defence  of 200,  201 

Munitions  of  war 38S  et  seq.,  454  et  seq. 

Musicians 304,  305 

Muster-rolls;  loss  of 37S 

N. 

Naturalization — Of  aliens  in  military  service  ...   479,  480 

Of  aliens  in  naval  service 686 

Navy  department — Established 565 

Duties  of  the  secretary  of  the 566 

Clerical  force  of 567  et  seq. 

Naval  officers  attached  to 572 

Navy,  Provisional 637  et  seq. 

Navy,  Regular — Admirals  of 585,  5S7 

Captains  of 573,  574,  584,  585,  587 

Commanders  of 573,  574,  584,  585,  587 

Lieutenants  of 573,  574,  584,  585,  588 

Second  lieutenants  of 585,  587 

Surgeons  of 573,  574,  585 

Assistant  surgeons  of 573,  574,  584,  585 

Past  assistant  surgeons  of 578,  585 

Paymasters  of .....<. 573,  574,  575,  585 

Assistant  paymasters  of 575,  576,  584,  585 

Chief  engineers  of  1 573,  577,  586 

Engineer-in-chief  of 578,  585 

Engineers  of 573,  585,  586 

Eirst,  second,  and  third  assistant  engineers  of 577 

Midshipmen  of 573,  574 

Masters 573,  574,  585 

Warrant  officers  of 573,  579,  588 

Master's-mates   of 590 

Naval  constructors  of 573 

Chief  constructor  of 591 

Naval  storekeepers  of 592 

Chaplains   of : 597,  598 

Seamen  of 573,  611  et  seq.,  631,  632 

Officers  resigned  from  the  United  States 580  et  seq. 


1NDKX.  285 

Reorganized 585  et  seq. 

Appointments  in,  for  gallant  and  meritorious  conduct. 587 

Officers  of,  entitled  to  draw  rations  and   purchase  clothing 238,  239 

Officers  of,  entitled  to  draw  rations,  quarters,  and  fuel 599,  600 

Relative  and  assimilated  rank  of  officers  of. ,628 

Pay  of  additional  grades  created  in 589 

Assignment  of  officers  of  to  any  duty  connected  with  defence  of  the  country. 593 
Temporary  military  rank  and  command  may  be  conferred  on  officers  of. 594,  595 
Supplies  for,  may  be  contracted  for  by  Secretary  of  Navy,  without  adver- 
tising for  proposals 620 

Appropriation  to  meet  contract  for  sis  vessels  of  war  for .'.621,  622 

Regulations  for  government  of 626 

Persons  subject  to  enrolment  in  army  may  enlist  in 631 

Impressment  of  supplies  for 635 

Clothing  for  enlisted  men  of 636 

Volunteer 644  et  seq. 

Negroes — (See  Slaves) — Employment  of  with  the  army 177  et  seq. 

Nitre  and  Mining  bureau 481  et  seq. 

North  Carolina — Volunteers,  1st  regiment  of 487 

2d  regiment  of 4S9 

Institute,  cadets  from  the 4S8 

Troops  heretofore  raised  and  received  into  Confederate  States  service  ;  pay 

of 490 

Nurses 244  et  seq. 

For  hospitals 411 

0. 

Oath— Form  of  military IS 

To  enable  sick,  wounded,  or  other  soldiers  to  receive  pay 379 

Officers — Of  the  army  ;  how  appointed 8 

Examination  of 9 

Meritorious  non-commissioned 11 

Resigned  from  United  States  Army 17 

May  be  assigned  to  staff  duty 20 

In  military  bureaus  temporary  rank  andcommand  maybe  conferred  on  . . .  .25 

Temporary  rank  and  command  when  serving  with  volunteers 24 

Of  Quartermaster  and  Commissary  departments  to  give  bonds 34 

Of  Quartermaster  and  Commissary  departments  not  to  trade  in  certain 

articles 35,  215,  20 

May  be  appointed  before  their  commands  are  orgauized 110 

Election  of  company '. 100,  123 

Battalion  of  volunteers  ;  field  and  staff 96 

To  raise  volunteer  regiments  from  Missouri,  Maryland,   Kentucky,  and 

Delaware 137 

Disqualified,  disabled,  and  incompetent 306  et  'seq.,  311 

Retirement  of 318 

Appointment  of  twenty  general  officers  by  the  President 370 

May  resign  when  elected  or  appointed  to  certain  civil  offices 377 

Of  the  navy See  Navy. 

Ordnance  department;  Provisions  of  United  States  laws  relating  to.  .See  Appendix. 

Ordnance-sergeants 60,  61 

Ordnance  stores,  naval ;  lease  of  site  for  preparation  and  safe-keeping  of .......  510 


286  INDEX. 

p. 

Partisan  rangers 289  et  seq. 

Pay  of  officers  and  men  in  military  service 67,  77 

Pay  and  allowances — Of  generals 7 

Of  acting  assistant  quartermasters 30 

Of  officers  of  Quartermaster,  Commissary,  and  Medical  departments,  on 

service  in  connection  with  militia  or  volunteers 202 

Of  acting  assistant  commissaries 38,  39 

Of  hospital  stewards  for  medical  department 42 

Of  clerk  in  Medical  department  in  charge  of  hospital  supplies 43 

Of  cadets ... 44,77 

Of  military  storekeepers.. .    45,  46,  286  et  seq. 

Of  superintendents  of  armories  and  master-armorers 47,  48 

Of  sappers  and  bombardiers 56 

Of  quartermaster-sergeants  and  ordnance-sergeants 60,  61 

Of  company  sergeants 65 

Of  militia  and  volunteers .95 

Of  volunteers  for  the  war;  when  to  commence 107 

Of  lieutenant-general .93 

Of  assistant  adjutants-general  for  volunteers , 98 

Of  recruits  :  when  to  commence 132 

Of  cooks  and  nurses 244  et  seq. 

Of  chaplains  for  army 248  et  seq. 

Of  chaplains  for  naval  vessels 597 

Of  chaplains  for  naval  hospitals 598 

Of  buglers  and  musicians 304,  305 

Of  detailed  soldiers 331,  332 

Due  deceased  soldiers 338  et  seq. 

Of  staff  of  general  assigned  to  duty  at  seat  of  government 23 

In  case  of  loss  of  muster-rolls 378 

Of  laundresses,  matrons,  etc.,  for  hospitals 406  et  seq. 

Of  Missouri  troops 475  et  seq. 

Of  officers  of  the  navy . .  -See  Navy. 

Pikemen 297  et  seq. 

Pilots 633 

Post  quartermasters  for  tax  in  kind 539,  543 

President — To  assume  control  of  military  operations 491 

Personal  staff  of 492,  494 

To  delegate  power  to  affix  his  signature  to  army  commissions 493 

To  make  appointments  during  recess  of  Congress 495,  496,  499 

To  continue  certain  appointments 497,  498 

Principals  who  have  furnished  substitutes 156 

Prisoners  of  war 500  et  seq.,  508  et  seq. 

Privateers  and  prizes 655  et  seq. 

Prizes — Made  by  volunteer  navy ,647  et  seq. 

Made  by  privateers See  Privateers  and  Prizes. 

Production  of  provisions 504,  505 

Property  destroyed  under  military  necessity 506,  507 

Promotions — In  Regular  Army .- ' 10 

For  peculiar* valor  or  skill 157, 158,  382 

Provisional  Navy 637  et  aeq. 


INDEX.  287 

Provisions See  Supplies. 

Provisions;  production  of 504,  505 

Provost  guards;  how  to  be  selected 172 

Public  moneys  not  to  be  invested  in  property  on  private  account,  nor  loaned, 

etc 215  et  seq. 

Punishment  by  whipping  prohibited 329,  330 

Purchase . .  .See  Real  Estate  and  Public  Moneys. 

Q. 

Quartermaster's  department — Officers  of,  when  to  assume  command  of  troops 2 

Of  what  officers  to  consist 30,  33 

Rank,  pay,  and  allowances  of  Quartermaster- General  32 

♦      Clerical  force 36,  37 

Additional  officers  in  connection  with  militia  or  volunteers 202,  203 

For  collection  of  tax  in  kind 539,  543 

Certain  purchases,  investments,  etc.,  prohibited 35,  215  et  seq. 

Employees  of;  how  to  be  selected 172,  204 

Quartermasters  and  assistant  quartermasters;  date  of  rank  and  pay 205 

Quartermasters — Regimental,  acting  as  commissaries 210 

When  permanently  detached,  etc 212 

R. 

Rangers,  partisan 289  et  seq. 

Rations — To  enlisted  men 79,  80 

Of  tobacco 241 

To  commissioned  officers 238,  239 

Of  sick  and  disabled  soldiers ;  commutation  value  of 416 

Real  estate — Purchase  or  lease  by  Secretary  of  War 559 

Purchase  or  lease  by  Chief  of  Ordnance 560,  561 

Lease  of,  by  Secretary  of  Navy 634 

Recruiting 106,  129  et  seq. 

Stations  for  volunteers  from  Kentucky,  Missouri,  Maryland,  and  Delaware.  138 

Recruits  from  Kentucky,  Missouri,  Maryland,  and  Delaware 137  et  seq. 

Regulations  for  the  army 12 

Por  the  navy 626 

Requisition  upon  the  states  for  troops 118,  119 

Rendezvous  for  enrolled  men. 190  et  seq. 

Reserves 151 

Retaliation 500  et  seq.,  508  et  seq. 

Retiremen  t  of  officers 318 

Rules  and  Articles  of  War 13,  14 

S. 

Saltpetre  ;  production  and  manufacture  of 454  et  seq.,  481 

Sappers  and  bombardiers 54 

Sappers,  miners,  and  pontoniers 50,  51 

Seamen — Transfer  of 149, 150 

To  be  continued  in  service 614 

Employment  of 573,  612 

Pay  of.... 611,  632 

Bounty  to ' 613 

Secretary  of  War — (See  War  department) — To  prepare  and  publish  regulations 

for  the  army 12 


288  INDEX. 

Sequestered  land,  containing  mines,  or  beds  of  copper,  iron,  coal,  or  other  min- 
erals   .457 

Sharp-shooters 295,  296 

Shoes,  army;  importation  of  materials  for 227,235 

Sick  and  wounded  soldiers  in  hospitals 406  et  seq. 

Sick  and  disabled  soldiers  ;  commutation  for  rations  of 416 

Signal  corps ' 300,  301 

SlaVfs, — Captured  from  the  enemy 515  el  st>q. 

Of  hostile  Indians 522  et  seq. 

Employment    of,  with  the  army 178,  170 

Impressment  of 436,  437,  438 

South  Carolina — Appropriation  for  support  of  provisional  troops  at  Charles- 
ton   525  et  seq. 

Appropriation  as  advance  on  account  of  claims  against  Confederate  States. 528 

Special  service ;  forces  for  (see  Local  Defence) 193  et  seq. 

Staff — General  staff  organized 1 

Pay  and  allowances  to  be  established 3 

Duty  with  volunteer  or  provisional  troops 20 

Appointments  from   civil  life 21,  22,  23 

Of  general  assigned  to  duty  at  seat  of  government 23 

Duty;   officers  or  privates  to  be  paid  for  performing 387 

State  agents  to  visit  troops 345 

State  troops 84  et  xeq. 

Requisitions  for,  by  the  President 118,  119 

Stores  destroyed  under  military  necessity 506,  507 

Subaltern  of  the  line  ;  •  assignment  to  duties  of  adjutant 103 

Subsistence  to  recruits  for  three  years  or  tho  war 106,  1 07,  132 

Subsistence  department See  Commissary  department. 

Substitutes 154 

Substitute  system  abolished 155 

Supernumerary  officer  to  each  company  of  certain  volunteers 113 

Supplies — Traffic  in,  by  certain  persons,  prohibited 35,  215  et  seq. 

Of  shoes,  clothing,  etc 227  et  seq. 

Appropriation  for  steamer  and 235 

For  hospitals  ;  transportation  of 409 

For  the  navy  may  be  contracted  for  without  advertising  for  proposals 620 

Surgeons  for  examination  of  enrolled  men 190  et  seq. 

And  assistant  surgeons,  Provisional  Army 202  et  seq. 

Date  of  rank  and  pay 205 

For  hospitals 207  et  seq. 

Duties  of  hospital 408  et  seq. 

Examination  of  applicants  for  furloughs  and  discharges 419  et  seq. 

0 f  Regular  Navy 573,  574 

T. 

Tax  in  kind—  Act  April  24,  1863 529  et  seq. 

Act  February  17,  1864 541  et  seq. 

Taxation;  exemptions  from 546  et  seq. 

Tobacco — Rations  to  enlisted  men 241 

Destroyed  under   military  necessity 506,  507 

Tax  in  kind 529,  531  et  seq.,  539,  541,543 

Transfer  of  troops 336,  337,  167 


INDEX.  2S9 

transportation • 242  el  acq. 

For  volunteers  for  three  years  or  the  war 106,  107,  243 

With  furloughs  to  twelve  months'  men  who  re-enlist 121 

For  officers  engaged  in  recruiting 132 

Of  private  property  by  persons  in  charge  of  government  transpoi'tation  . .  .21S 

When  it  can  not  be  furnished  in  kind 242 

Of  hospital  supplies  409 

Of  sick  and  wounded  soldiers 414,  422 

Troops,  state — Tendered,  or  who  may  volunteer * 84  et  seq. 

Requisition  for,  by  the  President 118,  119 

Indian 363  et  seq. 

V. 

Vacancies — In  the  Regular  Army;  how  filled 10 

In  officers  of  volunteers  for  the  war 105 

In  the  ranks  of  companies  of  volunteers  for  the  war lOfi 

Under  Conscription  laws 157, 158 

Aregetables  to  be  furnished  to  troops ' , . . . .  236 

Vessels — For  seaboard  and  general  defence 615  et  seq. 

Of  war;  appropriation  to  meet  a  contract  for 621,  622 

Inventions  of  new  kinds  of  armed 623 

Virginia  militia 366  ft  seq 

Volunteer  Navy 644  et  seq. 

Volunteers — State  troops  who  may  volunteer 84  et  seq. 

One  hundred  thousand  for  twelve  months 88  el  seq. 

For  the  war 99  et  seq. 

For  such  time  as  the  President  may  prescribe Ill  et  seq. 

Four  hundred  thousand  for  not  less  than  twelve  months  nor  more  than 

three  years 114  et  seq. 

From  Ken  tuck}',  Missouri,  Maryland,  and  Delaware •  .137  et  seq. 

For  local  defence  and  special  service 193  et  seq. 

W. 

War;  act  recognizing  the  existence  of 655 

War  department — Department  established 550 

Duties  of  Secretary  of  War 551 

When  an  army  officer  is  appointed  Secretary  of  War 553 

Assistant  Secretary  of  War '..'.. 554 

Clerical  force  of  War  department 552,  555  et  seq. 

Chief  of  Bureau  of  War 555 

Advance  on  contracts  may  be  made  by  Secretary  of  War 558 

Purchase  or  lease  of  real  estate  by  Secretary  of  War 559  et  seq. 

Purchase  or  lease  of  real  estate  by  Chief  of  Ordnance 560,  561 

Accounts  of  War  department;  duties  of  Second  Auditor  in  relation  thereto. 562 

Bureaus  or  agencies  west  of  the  Mississippi 563,  564 

Ward-masters  for  hospitals 411 

Way-hospitals » *. 418 

Whipping;  punishment  by,  prohibited 329,  330 

Winans'  gun;  authority  to  construct 391 

Z. 

Zouaves 83 

19 


SUPPLEMENT 


CONTAINING   THE 


MILITARY  AND  NAVAL  LAWS 


FIRST  SESSION,  SECOND  CONGRESS, 


ENDING  JUNE  14,  1864. 


MILITARY  LAWS. 


I.  General  officers. 
II.  General  staff'. 

III.  Quartermaster,  Commissary,  and  Medical  departments. 

IV.  Pay. 

V.  Rations. 
VI.  Transportation. 
VII.  Details. 
VIII.  Conscription. 
IX.  Exemptions. 

X.  Artillery. 
XI.  Cavalry. 
XII.  Ensign. 

XIII.  Chaplains. 

XIV.  Military  storekeepers. 
XV.  Supernumerary  officers. 

XVI.  Nitre  and  Mining  bm-eau. 
XVII.  Military  courts. 
XVIII.  State  agents. 
XIX.  Claims. 
XX.  Habeas  corpus. 
XXI.  Hospitals. 
XXII.  Taxes. 
XXIII.  Scouts  for  Mississippi  valley. 
XXIV.  Virginia. 
XXV.  War  department. 
XXVI.  War. 

I.— GENERAL  OFFICERS, 

687.  Appointment  of  temporary  general  officers. 

688.  How  long  to  hold  their  rank  and  command. 

687.  That  the  President  be  and  he  is  hereby  author-  Maysi,iso4 

J  gl,  ch.  8. 

ized.  by  and  with  the  advice  and  consent  of  the  Sen-  Appoint- 

mentoftem- 

atc, 'to   appoint   temporary  officers   of    the   rank   of  porarygen- 
brigadier-gcneral,   major-general,    lieutenant-general, 
or  general,  for  the  Provisional  army,  and  assign  them 
to  any  appropriate  command. 

688.  That  the  said  officers,  so  appointed,  shall  only  iwd,g2. 

,      .,      .      .  .  .  ,  ,     ,      .  .  ,  ,    c.  ,      How  long  to 

hold  their  said  rank  and  their  said  command  lor  such  hold  their 
time  as  the  temporary  exigency  may  require,  at  the  command, 
expiration  of  which  time  they  shall  resume  their  pre- 
vious permanent  rank  and  command. 


294 


SUPPLEMENT. 


II.— GENERAL  STAFF. 

689.  To  be  constituted  a  corps. 

690.  Assignment  to  duties. 

691.  Staff  officers  allowed  a  general  commanding  in  the  field. 

692.  Allowed  a  lieutenant-general  commanding  a  corps. 

693.  Allowed  a  major-general  commanding  a  division. 

694.  Allowed  a  brigadier-general  commanding. 

695.  Number  of  staff  officers  may  be  increased  or  reduced. 

696.  Appointments  ;  how  to  be  made. 


June  14, 
1864.  I  1, 
ch.  58. 
General 
staff  to  be 
constituted 
a  corps. 

Promotions. 


Ibid,  I  2. 
Assignment 
to  duties. 


Ibid,  I  3. 
Staff  officers 
allowed  a 
general  com- 
manding an 
army  in  the 
field. 


689.  That  hereafter  the  general  staff  of  the  army 
shall  constitute  a  corps,  and  staff  officers  shall  no 
longer,  except  by  assignment,  be  attached  to  any  par- 
ticular military  organization,  or  be  held  to  duty  at 
any  post.  That  promotions  in  said  corps  shall  be  by 
selection,  based  upon  capacity,  merit,  and  services, 
and  no  one  shall  be  appointed  in  said  corps  unless  he 
has  been  two  years,  at  least,  in  the  military  service 
during  this  war,  or  is  over  forty-five  years  of  age,  or 
is  unfit  for  military  service  in  the  field. 

690.  That  the  President  is  hereby  authorized  to  as- 
sign all  officers  of  the  staff  to  such  appropriate  duties 
as  he  may  think  proper,  except  that  he  shall  not  as- 
sign them  to  commands  in  the  line,  unless  in  cases  of 
emergency,  and  then  only  for  a  short  time;  and  no 
officer  shall  be  allowed  to  hold,  at  the  same  time,  a 
commission  or  appointment  in  the  staff  and  in  the 
line. 

691.  That  the  President  is  hereby  authorized,  upon 
the  application  of  any  general  commanding  an  army 
in  the  field,  to  appoint,  by  and  with  the  advice  and 
consent  of  the  Senate,  or  assign  for  duty  with  such 
general,  whilst  so  commanding,  a  general  officer,  w.ho 
shall  be  charged,  under  the  direction  of  the  general, 
with  the  administration  of  his  army  ;  there  shall  also 
be  allowed  to  a  general,  so  commanding,  two  assistant 
adjutants-general,  one  chief  quartermaster,  one  chief 
of  ordnance,  and  one  chief  commissary,  each  with  the 
rank,  pay,  and.  allowances  of  a  colonel  of  cavalry;  a 
surgeon,  as  medical  director,  with  the  pay  and  allow- 
ances of  a  colonel  of  cavalry;  one  aide-de-camp,  with 
the  rank,  pay,  and  allowances  of  a  colonel  of  cavalr}7 ; 


SUPPLEMENT.  295 

and  one  aide-de-camp,  with  the  rank,  pay,  and  allow- 
ances of  a  lieutenant-colonel  of  cavalry  [71]. 

692.  That  to  a  lieutenant-general   commanding   a  S^?* 

c  >J  Stan  officers 

corps  d'armee  shall  be  allowed,  to  be  appointed  by  the  j^™*^ 
President,  with  the  advice  and  consent  of  the  Senate,  general  com- 

7  maiming  a 

two  avssistant  adlutants-general,  with  the  rank,  pay,  corps 

.    0     n  **  armee. 

and  allowances  each  of  a  colonel  of  cavalry;  a  chief  01 
ordnance,  a  chief  quartermaster,  and  a  chief  commis- 
sary, each  with  the  rank,  pay,  and  allowances  of  a 
lieutenant-colonel  of  cavalry;  he  shall  also  be  allowed 
one  surgeon,  as  medical  director,  to  be  appointed  by 
the  President,  with  the  advice  and  consent  of  the 
Senate,  with  the  pay  and  allowances  of  a  lieutenant- 
colonel  of  cavalry;  and,  to  be  appointed  as  above,  one 
aide-camp,  with  the  rank,  pay,  and  allowances  of  a 
lieutenant-colonel  of  cavalry,  and  one  aide-de-camp, 
with  the  rank,  pay,  and  allowances  of  a  major  of 
cavalry  [71]. 

698.  That  to  a  maior-general  commanding  a  division  ibid.jS5. 

J         &  to  Stan'  officers 

shall  be  allowed,  to  be  appointed  by  the  President,  allowed  a 

•11  i-  i  nio  •  major-gen- 

with  the  advice  and  consent  of  the  Senate,  two  assist-  eraicom- 

.,  i'ii  1  1       n  manding  a 

ant  adjutants-general,  with  the  rank,  pa}^,  and  allow-  division, 
ances  each  of  a  lieutenant-colonel  of  cavalry;  one 
chief  of  ordnance,  one  chief  quartermaster,  and  a  chief 
commissary,  each  with  the  rank,  pay,  and  allowances 
of  a  major  of  cavalry ;  also  a  surgeon,  with  the  pay 
and  allowances  of  a  major  of  cavalry;  one  aide-de- 
camp, with  the  rank,  pay,  and  allowances  of  a  major 
of  cavalry:  and  one  aide-de-eanvp,  with  the  rank,  pay, 
and  allowances  of  a  captain  of  cavalry  [71]. 

694.  That   to   a   brigadier-general   commanding   a  ibid,  ?e. 

1      ■         .         1      11   1  1,  1  .  •  1  1  •     ,  Staff  officers 

brigade  shall  be  allowed,  to  be  appointed  as  herembe-  allowed  a 

(•  •  t  .  ,i  brigadior- 

iore  directed,  two  assistant  adjutants-general  and  one  general 

.  ,  •    ,         ,  i  ,    commanding 

assistant  inspector-general,  with  the  rank,  pay,  and  a  brigade 
allowances  each  of  a  major  of  cavalry;  one  surgeon, 
with  the  pay  and  allowances  of  a  major  of  cavalry; 
one  ordnance  officer,  with  the  rank,  pay,  and  allow- 
ances of  a  captain  of  cavalry;  one  aide-de-camp,  with 
the  rank,  pay,  and  allowances  of  a  captain  of  cavalry; 
and  one  a*ide-de-camp,  with  the  rank,  pa}^,  and  allow- 
ances of  a  first  lieutenant  of  cavalry  [71]. 


29(i  SUPPLEMENT. 

ibw, p.  695.  That  the  President  is  hereby  authorized  to  re- 
number 01  « 

staff  officers  duce  the  number  of  officers  allowed  by  this  act  to  the 

may  be  in-  ^ 

creased  or  staff  of  any  ffcn oral  officer,  or  to  increase  the  same 

reduced.  .        ,  .             .     .                                                                                „ 

■when,   m  his  opinion,  the   service  will  be  benefited 
thereby. 

ibid, $8.  696.  That  all  appointments  under  this  act  shall  be 

Appoint-  x  x 

ment#;  how  made  from  those  alrcadv  in  service. 

to  be  made.  " 


ni.— QUARTERMASTER,   COMMISSARY, 
AND  MEDICAL  DEPARTMENTS. 

697.  Additional  quartermasters  and  commissaries  for  the  Provisional 
army.  For  railroad  and  field  transportation,  and  for  army  sun- 
plies.  Purchasing  agents  or  transportation  agents.  Appoint- 
ments: liow  to  be  made. 

fills.  Regimental  or  battalion  quartermasters.  Assignment  of  quar- 
termasters and  commissaries. 

609.  When  quartermasters  and  commissaries  may  l>e  dropped  from  the 
rolls. 

TOO.  Appointment  of  quartermasters  to  execute  the  duties  in  reference 
to  the  tax  in  kind. 

701.  Commissaries  for  regiments  of  cavalry. 

702.  Contracts  for  the  manufacture  of  alcoholic  liquors. 

703.  Establishment  of  manufactories  or  distilleries. 

704.  Quantity  to  be  manufactured.      None  to  be  disposed  of  except  in 

fulfilment  of  contract. 

1864°  li  Q®"*'  r-^aat  tne  President  is  hereby  authorized,  by  and 

ch.  52.'  with  the  advice  and  consent  of  the  Senate,  to  appoint, 

Appoint-  1  l 

mentofaddi-  for  the  Provisional  army,  additional  quartermasters 

tional  quar-  ...  . 

termasters     and  commissaries,  with  the  rank  of  colonel,  lieutenant 

and  commis- 

sariesfortLfe  colonel,  and  major :    Provided,  That  such  additional 

Provisional  .  . 

army.  quartermasters  and  commmissaries,  with  the  rank  01 

colonel,  shall  not  exceed  the  number  of  military  de- 
partments and  separate  armies  existing  at  the  time  of 
their  appointment;  and  that  the  additional  quarter- 
masters and  commissaries,  with  the  rank  of  lieutenant- 
colonel,  shall  not  exceed  the  number  of  army  corps 
existing  at  the  time  of  their  appointment;  and  that  the 
additional  quartermasters  and  commissaries,  with  the 
rank  of  major,  shall  not  exceed  the  number  of  divis- 
ions of  the  army  existing  at  the  time  of  the  appoint- 

For  railroad  mCnt;  and  for  the  collection,  control,  and  distribution 

and  field  '  * 

transports-    0f  railroad  and  field  transportation  and  army  supplies, 

Hon,  and  for  x  J         ri  > 

army  sup-      the  President  may  appoint  such  additional  quarter- 
masters and  assistant  quartermasters  and  commissa- 


SUPPLEMENT.  297 

ries  as  may  be  necessary  for  the  efficient  execution  of 
the  duties  of  the  Quartermaster's  and  Commissary's 
departments ;  and  such  purchasing  agents  or  trans-  Purchasing 

.  -,  -,  -,  "~       .  ,  •  agents  or 

portation  agents  may  be  employed  as  the  service  may  trausporta- 
require,  who  shall  not  have  military  rank,  and  whose 
compensation  shall  not  exceed  the  pay  of  a  captain  of 
infantry  [70],  and  who  may  be  required  to  give  bond 
for  the  faithful  performance  of  those  duties;  but 
nothing  herein  contained  shall  be  construed  to  pro- 
hibit the  assignment  of  quartermasters  and  commis- 
saries, or  assistant  quartermasters  or  commissaries,  to 
any  of  the  foregoing  duties,  or  to  the  duty  of  paying 
troops:  Provided,  That  all  said  appointments  shall  be  Appomt- 

1  '  L  x  nients;  how 

made  from  persons  who  are  over  forty-five  years  of  to  be  made, 
age,  or  who  are  incapacitated,  plrysically,  for  service  in 
the  field,  or  who  have  been  in  the  service  over  twelve 
months,  or  have  been  heretofore  discharging  any  of 
the  aforesaid  duties  :  Provided,  further,  That  addition- 
al assistant  quartermasters  and  commissaries  shall  not 
be  appointed,  if  there  are  officers  already  in  service 
who  can  be  assigned  to  such  duties  without  detriment 
to  the  service. 

698.  That  it  shall  be  no  longer  incumbent  on  the  JJ»jM£ 

_  .  .  .  .  Kegjimental 

.President  to  appoint  or  to  keep  in  service  an  assistant  or  battalion 

.  -in  •  •      quartermas- 

quartermaster,  with  the  rank  of  captain,  for  each  regi-  ters. 
ment  or  battalion  in  the  field,  but  he  may  assign  the 
quartermaster  of  any  army  corps,  division,  brigade, 
regiment,  or  battalion,  or  the  commissary  of  any  army, 
army  corps,  division  or  brigade,  to  duty  as  quarter- 
master or  commissary  elsewhere,  and  to  assign  quar-  Assignment 

"  o       j.  ofquarter- 

termasters,  assistant  quartermasters,  and  commissaries  masters  and 

.  #  commissa- 

and   assistant    commissaries    appointed   to   posts  or  ries. 
depots,  or  for  other  duties,  to  serve  with  armies,  army 
corps,  divisions,  or  brigades  in  the  field,  whenever,  in 
his   opinion,   the   public   interest   will   bo    promoted 
thereby. 

699.  That  in  case  the  services  of  any  regimental  wn^  „ar. 
quartermaster,  or  any  other  quartermaster  or  assist-  termasters 

■*■  ;  "  x  or  comrais- 

ant  quartermaster,  or  commissary  or  assistant  com-  sariesmay 

x  '  ^  be  dropped 

missary,  appointed  under  this  act,  can,  in  the  opinion  from  the 
of  the  President,  be  dispensed  with,  and  such  officer 


298  SUPPLEMENT. 

can  not  be  otherwise  appropriately  employed  to  the 
public  interest,  his  name  shall  be  dropped  from  the 
rolls,  and  he  shall  cease  to  be  an  officer  of  the  Provi- 
sional army, 
ibid, ^ 4.  jog.    That    the    President   be    and    he   is   hereby 

Appoint-  ^ 

merit  of        authorized    to  appoint  one    quartermaster,  with  the 

quartermas-  L  r  u  ' 

terstoexe-    rank  of  major,  for  each  state,  and  one  assistant  quar- 

cute  the  du-  **       '  7  x 

ties  in  refer-  termastcr,  with  the  rank  of  captain,  for  each    con- 

ence  to  tax  -1 

in  kind.  gressional  district  in  the  several  states,  to  execute  the 
duties  of  the  act  in  reference  to  the  tax  in  kind: 
Provided,  That  the  appointments  to  be  made  in  pur- 
suance of  this  section  shall  be  made  with  the  same 
restrictions  and  limitations  as  are  set  forth  in  the  first 
proviso  to  the  first  section  of  this  act. 
May  23. 1864  701.  That  from  and  after  the  passage  of  this  act 
commissa-     there  shall  be  allowed  to  each  regiment  of  cavalry  in 

nes  for  regi-  °  J 

mentsofcav  the  Army  of  the  Confederate  States  one  commissary, 
with  the  same  rank,  pay,  and  allowances  as  are  now 
allowed  by  law  to  the  quartermaster  of  such  regi- 
ment [202]  [72], 

Jl%*lh  li64       702,  That  [i  sha11  be  lawful for  the  Surgeon-General 
Cuntractsfor  0r  the  Commissary-General  to  make    all  necessary 

the  nianu-  d  J 

factureofai-  contracts   for    the    manufacture    and   distillation   of 

coholic  li- 
quors, whiskey,  brandy,  and  other  alcoholic  and  spirituous 

liquors  for  the  supply  of  the  army  and  hospitals,  upon 
such  terms  as  may  be  conducive  to  the  public  interest ; 
and  that  the  said  contracts,  and  any  heretofore  made, 
shall  operate  as  a  license  to  the  contractor  to  manu- 
facture the  same  for  the  purpose  aforesaid. 

n«id,  i  2.  708.   That  the  Surgeon-General  and  the  Commissary- 

Establish-  ,  °  J 

mentofman-  General  shall  be  authorized  to  establish  manufactories 

ufactories  or  ,..,..„  „'•,".'. 

distilleries,  or  distilleries  for  the  purpose  of  obtaining  the  supplies 
aforesaid,  and  to  employ  laborers  in  the  same,  instead 
of  resorting  to  contracts,  if  they  shall  deem  it  more 
prudent  to  do  so. 

ibid,  j>3.  704.  That  no  contractor  or  party  shall,  under  the 

Quantity  to  .  .      . 

bemanufact-  license  granted  by  this  act,  distil  or  make  more  alco- 
hol,  whiskey,  brandy,  or  other  alcoholic  or  spirituous 
liquors  than  he  shall  deliver  to  the  government  or  its 

None  to  be     agents,  in  fulfilment  of  his  contract  or  contracts  ;  nor 

disposed  of         °  '  ' 

excej.tinfui-  shall  it  be  lawful  for  any  such  contractor  to  sell,  or  in 


SUPPLEMENT.  299 

any  way  dispose  of,  otherwise  than  as  said  contract  or  ^ntract* 
contracts  may  require,  any  alcohol,  whiskey,  brandy, 
or  other  alcoholic  or  spirituous  liquors  manufactured 
by  him  under  the  license  aforesaid;  nor  shall  this 
act  operate  as  a  license  to  any  contractor  for  any 
violation  of  the  prohibitions  herein  contained,  when 
such  violation  shall  be  a  crime  or  misdemeanor  under 
the  laws  of  the  state  in  which  the  same  may  occur. 


IV.— PAY. 


705.  Increase  of  pay  of  soldiers. 

706.  Pay  of  general  officers.     Duration  of  the  act. 

705.  That  from  and  after  the  passage  of  this  act  the  •*"««  %lS6i' 

pay  of  the  non-commissioned  officers,  privates,  and  increase  of 
x   *  '  *  pay  to  non- 

musicians  of  the  Army  of  the  Confederate  States  be,  commiasion- 

.  n       .  i  ii  '  ed  offlc8r8' 

and  the  same  is  hereby,  increased  seven  dollars  per  privates  and 

month  for  the  period  of  one  year  from  the  passage  of 

this  act  [75,  745]. 

706.  That  the  pay  of  a  general  shall  be  five  hun-  Juneio.iset 
di*ed  dollars  per  month:  that  of  a  lieutenant-general  of  general 

1  °  officers. 

four  hundred  and  fifty  dollars  per  month,  and  that  of 
a  major-general  three  hundred  and  fifty  [dollars]  per 
month ;  that  a  general  commanding  an  army  in  the 
field  shall  receive,  in  addition  to  the  said  sum  of  five 
hundred  dollars  per  month,  one  hundred  dollars;  and 
a  lieutenant-general,  a  major-general,  and  a  brigadier- 
general  shall,  whilst  serving  in  the  field,  each  receive 
fifty  dollars  per  month,  in  addition  to  the  sum  herein 
allowed,  whilst  so  serving;  and  all  laws  allowing  ad- 
ditional compensation  for  commanding  a  separate 
army  in  the  field  be,  and  they  are  hereby,  repealed, 
except  as  hci^ein  provided ;  and  that  this  act  shall  be  Act  t0,con- 

x  J  '  .  tinueforone 

in  force  for  one  year,  and  no  longer.  vear- 


300 


Sl/ri'LKMENT. 


V.— RATIONS.* 

707.  To  commissioned  officers  of  the  army  and  navy. 
70S.  Same  as  issued  to  privates. 

709.  Commutation  not  allowed.     Rations  must  be  for  own  use. 

710.  Duration  of  the  act. 


Juno".  1864. 
31,  ch.  23. 
To  commis- 
sioned offi- 
cers of  the 
army  and 
navy. 


Ibid,  \  2. 

Same  as 
issued  to  pri- 
vates. 


Ibid,  I  3. 
Commuta- 
tion not  al- 
lowed. Ra- 
tions must 
be  for  own 
use. 


Ibid.  I  4. 
Duration  of 
the  act. 


707.  That  all  commissioned  officers  in  the  army 
and  navy  shall  be  entitled  to  one  ration;  and  all  com- 
missioned officers  in  the  field  and  afloat,  in  addition 
thereto,  shall  be  allowed  to  purchase  from  any  com- 
missary, or  other  officer  required  to  issue  subsist- 
ence to  soldiers,  marines,  or  seamen,  at  the  prime  cost 
thereof,  including  transportation,  as  follows :  One 
ration  each  for  officers  of  and  below  the  rank  of  colo- 
nel ;  two  rations  each  for  officers  of  the  rank  ot 
brigadier-general,  major-general,  and  lieutenant-gen- 
eral ;  and  three  rations  each  for  a  general ;  one  ration 
each  for  commissioned  officers  of  the  navy  of  and 
below  the  rank  of  commander,  and  two  rations  each 
for  officers  above  that  rank. 

708.  That  an  officer  shall  not  draw  or  purchase,  at 
any  time,  more  of  the  component  part  of  a  ration 
than  is  issued  to  the  private  soldier  at  the  same  time. 

709.  That  nothing  contained  in  this  act,  or  the  act 
to  which  this  is  an  amendment  [238  et  seq.'],  shall  be 
construed  as  allowing  commutation  for  rations,  or  as 
authorizing  an  officer  to  receive  or  purchase  rations, 
except  when  he  requires  them  for  his  own  use. 

710.  That  this  act  shall  continue  in  force  only  during 
the  war. 


VI.— TRANSPORTATION. 


711.  Allowed  oflicers  of  army  and  navy  while  travelling  under  orders. 

712.  To  members  of  Congress. 

713.  To  sick  and  wounded  officers.     Hospital  accommodations. 

June 4, 1864.  "i^--  That  officers  of  the  army  and  navy,  while 
Aiiowocfom-  travelling  under  orders  of  the  War  or  Navy  depart- 
ed navymy  ments,  shall  be  allowed   transportation    in   kind   for 

*  For  hospital  rations,  free  of  charge,  to  sick  and  wounded  officers,  sec  713. 
For  commutation  value  of  rations  of  sick  and  wounded,  see  743. 


SUPPLEMENT.  301 

themselves  and  their  personal  b&£ff&#e.,  and  ten  dollars  whni*1javo1' 

i  oft    ;t>    '  lmg  nnaer 

per  day  for  expenses  Avhile  necessarily  travelling  in  the  orders. 
execution  of  their  orders. 

712.  That   whenever  the   usually  travelled   routes  June8,i864. 

J  eh.  26. 

between  the  homes  of  members  of  Congress  and  the  To  members 

0  of  Congress. 

capital  are  interfered  with  by  the  enemy,  it  shall  be 
the  duty  of  military  commanders  to  facilitate  the  pas- 
sage of  members  and  delegates  going  to  or  returning 
from  Congress,  by  furnishing  transportation  in  kind 
for  any  distances  over  which  they  may  state  in  writ- 
ing they  can  not  provide  themselves  with  transporta- 
tion; and  such  written  application,  endorsed  "fur- 
nished," by  the  party  receiving  the  transportation, 
shall  be  accepted  as  a  sufficient  voucher  for  the 
expenditure  of  the  officer  in  furnishing  the  same. 

713.  That  sick  and  wounded  officers  on  leave,  upon  J"^g0^864 
certificates  of  a  board  of  surgeons,  be  allowed  trans-  sickand 

0  '  wounded  01- 

portation  to  their  homes  and  back  to  their  commands,  fleers  anw- 

1  '    ed  transpor- 

as  in  the  case  of  enlisted  men  on  furlough  [2431 ;  the  tation;  also, 

°       u         J  '  hospital  ac- 

indulgence  hereby  accorded  to  continue  in  force  for  commoda- 
ninety  days  after  the  next  meeting  of  Congress. 

Resolved,  further,  That  all  sick  and  wounded  officers 
in  the  naval  and  military  service  shall  be  entitled  to 
enter  any  hospital  and  receive  such  treatment  and 
rations  as  now  provided  by  law,  free  of  charge. 


VII.— DETAILS. 

714.  Pay  and  allowances  of  detailed  soldiers,  seamen,  and  others. 

715.  Additional  compensation. 

716.  Compensation  of  those  detailed  to  government  contractors. 

714.  That  all  persons  detailed  from  the  army,  or   June  9,  1864. 
after  enrolment  for  military  service,  or  from  the  navy  Pay' and  ai- 

n  -iv  i  ii     lowances  of 

or  marine  corps,  for  special  duty  or  extra  duty,  shall  detailed  soi- 
be  allowed  to  receive  their  regular  pay,  rations,  and  men,'and 
allowances,  as  if  they  were  performing  service  in  the 
field. 

715.  That  all  such  detached  or  detailed  men  shall  be    ™<Lj2. 

Additional 

allowed,  in  addition,  not  exceeding  two  dollars  per  eompenua- 
day,  and  compensation  for  all  extra  work,  or  for  any 


H02  KUPP'.KMKXT 

uncommon  skill  or  industry  displayed  in  the  perform- 
ance of  duties  to  which  they  ma}*  be  assigned,  in 
proportion  to  the  value  of  such  extra  labor  or  uncom- 
mon skill  or  industry,  whether  it  be  in  performing  an 
unusual  amount  of  work  within  the  usual  hours  of 
labor,  or  work  performed  beyond  the  usual  hours, 
or  extraordinary  skill  and  superior  workmanship  dis- 
played in  the  execution  of  such  duties — the  value  of 
said  extra  labor  or  uncommon  skill  or  industry  to  be 
determined  by  the  officer  or  superintendent  under 
whose  immediate  direction  said  detached  or  detailed 
service  may  be  performed,  subject  to  the  approval  of 
the  Secretary  of  War  or  Navy.  The  additional  com- 
pensation provided  in  this  section  shall  be  the  same 
for  both  the  War  and  Navy  departments,  under 
certain  rules  to  be  prescribed  by  the  President, 
ibid, g3.  716.  That  all  non-commissioned  officers,  musicians, 

(Jompensa-  ' 

tion  of  those  privates,  sailors,  or  marines  detailed  to  government 

detailed  to       l  '  '  ° 

government    contractors,  shall    be  so   detailed   without  pay   and 

contractors.  '  ■*     ^ 

allowances,  but  shall  be  compensated  for  their  ser- 
vices by  wages  received  from  said  contractors,  under 
rules  to  be  prescribed  by  the  Secretary  of  War  or  of 
the  Navy. 


Vin.— CONSCRIPTION. 

717.  Persons  between  17  and  18,   and  45  and  50,  prevented  from  en- 
rolling themselves  bj'  the  presence  of  the  enemy. 

■Tunch10331864       717-  That  the  act  entitled  "An    act   to   organize 
white  males  force8  to  serve  during  the  war,"  approved  seventeenth 

between  17  O  '        n 

45and5ond     February,  eighteen    hundred  and  sixty-four    [166  el 
prevented      seg /]  foe    an0"    the  same  is  hereby,  so  amended  as  to 

trom  enroll-  2  J  '  J  ' 

ingbythe     allow  all  white  male  residents,  between  the  ages  of 

presence  of 

the  enemy,  seventeen  and  eighteen  and  forty-five  and  fifty  years, 
who  were  pi'evented  from  enrolling  themselves  within 
the  time  prescribed  by  the  said  act,  by  the  occupation 
of  their  localities  or  country  by  the  public  enemy, 
and  whose  homes  are,  and  have  been  since  the  passage 
of  said  act,  beyond  the  lines  of  the  Confederate  armies, 
to  organize  themselves  in  pursuance  of  the  sixth  sec- 


SUPPLEMENT.  MVi 

tion  of  said  act  [170],  after  their  homes  or  localities 
are  brought  within  the  lines  of  the  Confederate  armies ; 
and  this  privilege  shall  continue  for  the  space  of  thirty 
days  after  the  reoccupation  is  announced  by  an  order 
issued  by  the  general  commanding  the  department, 
and  published  in  the  military  department  in  which 
such  reoccupation  may  occur. 


IX.— EXEMPTIONS. 

718.  From  military  service  of  members  of  eertain  Christian  denomina- 

tions. 

719.  When  exemptions  may  be  revoked. 

718.  That  the  Secretary  of  War  shall  be  authorized  June7,  1864. 

J  'i  1,  ch.  24. 

to  grant  exemptions  to  the  members  of  the  various  Frommiiita- 
denominations  of  Christians  mentioned  in  the  Hixemp-  members  of 
tion  act  of  the  eleventh  of  October,  eighteen  hundred  cimstiaude- 
and  sixty-two  [181],  who  at  that  time  belonged   to 
the  same,  and  who  were  in  regular  association  there- 
with, upon  the  terms  and  conditions  specified  in  that 
act,  or  upon  such  other  terms  and  conditions  as  he  is 
authorized  to  allow  exemptions  or  grant  details  under 
any  of  the  clauses  of  the  act  approved  February  seven- 
teenth, eighteen  hundred  and  sixty-four,  to. which  this 
is  an  amendment  [189]. 

719.  That  the  Secretary  of  War  be  and  he  is  hereby   ibid,  \  i. 

,  ,         Whenex- 

authonzed  to  revoke  any  such  exemptions  under  the  eruptions 

n  •  V    " '  i  i  I  1-11         may  be  re- 

act aforesaid,  when  the  same  have  been  obtained  by  voked, 

any  fraud,  misrepresentation,  or  error. 


X.— ARTILLERY. 

720.  Additional  officers  for  ordnance  duties. 

720.  That  the  President,  by  and  with  the  advice  Juneio,is64 

J  ch.38. 

and  consent  of  the  Senate,  may  appoint  fifty  officers  Additional 

o        .l'ii            •       ,i        T-.          ..,                    „           ,                 „  officersofar- 

ot  artillery  in  the  Provisional  army  for  the  perform-  tnieryfor 

ance  of  ordnance  duties,  in  addition  to  those  author-  duties. 

ized   by  the  act  entitled  "An  act  to  authorize  the  % 


M)4 


SUPPLEMENT. 


appointment  of  officers  of  artillery  in  the  Provisional 
army,"  approved  April  twenty-first,  eighteen  hundred 
and  sixty-two  [284],  and  "  An  act  to  authorize  the 
appointment  of  additional  officers  of  artillery  for 
ordnance  duties,"  approved  September  sixteenth, 
eighteen  hundred  and  sixty-two  [285],  and  that  the 
rank  of  said  officers  shall  be  as  provided  in  said  last 
named  act. 


June  7, 1S04. 
gl.ch.  22. 
When  non- 
commission- 
ed officers  or 
soldiers  may 
bedismonnt- 
ed  and  plac- 
ed in  the  iu- 
fantry. 


Ibid,  I  2. 
Horses ;  how 
to  be  dis- 
posed of. 


XI.— CAVALRY.* 

721.  When  non-commissioned  officers  or  soldiers  may  be  dismounted 

and  placed  in  tbe  infantry. 

722.  Horses  ;  how  to  be  disposed  of. 

721.  That  the  commanding  general  of  any  army  in  the 
field  shall  have  the  power  to  direct  the  dismounting 
of  any  non-commissioned  officer  or  officers,  soldier  or 
soldiers,  in  the  cavalry  service  in  his  command, 
and  to  place  him  or  them  in  the  infantry,  who  shall 
misbehave  before  the  enemy,  or  shall  be  guilty  of  ille- 
gally wasting,  spoliating,  or  appropriating  to  his  own 
use  any  private  property,  or  of  doing  any  violence  to 
any  citizen. 

722.  That  the  horses  belonging  to  persons  so  dis- 
mounted, and  which  they  may  have  had  in  the  ser- 
vice, may  be  taken  for  the  use  of  the  army,  and  the 
appraised  value  thereof  shall  be  paid  to  the  owner. 


May  31, 1864. 
1 1,  ch.  10. 
Tor  each  bat- 
talion of  in- 
fantry. 

Ibid,  I  2. 
To  apply 
only  to  Pro- 
visional 
army. 


XIL— ENSIGK 

723.  For  each  battalion  of  infantry. 

724.  To  apply  onty  to  Provisional  army. 

723.  That  the  above  recited  act  be,  and  the  same  is 
hereby,  amended  so  as  to  allow  the  appointment  of  an 
ensign  to  each  battalion  of  infantry  [66]. 

724.  That  the  said  act,  and  this  amendment  thereto, 
shall  be  understood  and  construed  to  apply  only  to  the 
Provisional  armj7-  of  the  Confederate  States. 


*For  commissary  to  each  regiment  of  cavalry,  see  701. 


SUPPLEMENT.  'WJ5 


XIII.— CHAPLAINS. 

725.  To  battalions  and  hospitals. 

725     That    the   President   be    and   he    is   hereby  May  31,  ism 
authorized,  by  and  with  the  advice  and  consent  of  the  Tobattaiions 
Senate,  to  appoint,  when  in  his  judgment  it  may  be  tais. 
proper  to  do  so,  chaplains  to  battalions  and  to  general 
hospitals,  who  shall  receive  the  same  pay  and  allow- 
ances now  authorized  by  law  to  chaplains  appointed 
to  regiments  and  posts  [252]. 


XIV.— MILITARY  STOREKEEPERS. 

726.  Ten  additional  military  storekeepers  of  ordnance. 

727.  Bonds.     Who  may  be  appointed. 

726.  That  the  President  be  authorized  to  appoint  ten  June4,  ism. 
military  storekeepers  of  ordnance  in  the  Provisional  Ten'addi-" 

r>  r-<  n  ■  v'-i  •*■»'•  i  tionalmilita- 

Army  of  the  Confederate  States,  in  addition  to  those  ryatorekeep- 
authorized  by  act  of  May  first,  eighteen  hundred  and  nance  may 
sixty -three,  entitled  "An  act  to  provide  for  the  ap-    eappoir 
pointment  of  military  storekeepers  in  the  Provisional 
Army  of  the  Confederate  States"  [286],  five  with  the 
pay  and  allowances  of  a  captain  of  infantry,  and  five 
with  the  pay  and  allowances  of  a  first  lieutenant  of 
infantry. 

727.  That  military  storekeepers  of  the  first  class,  so  ibid- § 2- 
appointed,  shall  be  required  to  give  the  usual  bonds  in  who  may  be 

1  r  '  u  °  appointed. 

the  sum  of  twenty  thousand  dollars,  and  those  of  the 
second  class  in  the  sum  often  thousand  dollars.  This 
act  shall  be  in  force  from  and  after  its  passage :  Pro- 
vided, That  no  one  shall  be  appointed  under  its  pro- 
visions except  persons  who  were  performing  the  duties 
of  acting  military  storekeepers  prior  to  January  first, 
eighteen  hundred  and  sixty-four,  or  have  become- in- 
capacitated by  wounds  or  sickness  for  active  service. 
20 


30(3 


SUPPLEMENT. 


June  14. 1864 
1 1,  ch.  51. 
Organiza- 
tion of  su- 
pernumera- 
ry officers. 


ll>id.  ?  2. 
Privilege  of 
joining  oth- 
er compa- 
nies. 


Ibid.  I  3. 
Offices  left 
vacant  by 
the  resigna- 
tion of  su- 
pernumera- 
ries. 


Low  est. 
grade  of 
commission- 
ed officers, 
senior  2d 
lieutenant, 
and  1st  lieu- 
tenant. 


XV.— SUPERNUMERARY  OFFICERS. 

728.  Organizations  of. 

729.  Privilege  of  joining  other  companies. 

730.  Offices  left  vacant  by  the  resignation  of  supernumeraries.     Low- 

est grade  of  commissioned  officers,  senior   second  lieutenant, 
and  first  lieutenant. 

728.  That  the  President  is  hereby  authorized  to 
grant  authority  for  the  organization  of  companies, 
battalions,  or  regiments,  to  be  composed  of  supernu- 
merary officers  of  the  Provisional  army. 

729.  That  it  shall  be  lawful  for  any  supernumerary 
officer  to  join  said  organizations,  or  any  other  compa- 
ny in  the  Confederate  service,  which  does  not  exceed 
the  maximum  prescribed  by  law,  upon  tender  to  the 
proper  authorities  of  his  resignation  for  that  purpose. 

730.  That  the  offices  left  vacant  by  such  resigna- 
tions shall  not  be  filled,  and  that  hereafter  the  lowest 
grade  of  commissioned  officer  shall  not  be  filled  unless 
there -are  upon  the  rolls  of  the  company  for  service 
at  least  forty-six  non-commissioned  officers  and  pri- 
vates ;  nor  shall  the  position  of  senior  second  lieuten- 
ant be  filled,  in  case  of  a  vacancy  therein,  unless  there 
are  upon  the  rolls  of  the  company  for  service  at  least 
thirty  non-commissioned  officers  and  privates;  nor 
shall  the  position  of  first  lieutenant  be  filled,  unless  in 
case  of  a  vacancy  there  are  at  least  twenty  non-com- 
missioned officers  and  privates  on  the  rolls  of  the 
company  for  service — which  fact  shall  in  each  case  be 
certified  to  by  the  captain  of  the  company,  and  ap- 
proved by  the  colonel  of  the  regiment,  before  such 
promotion  can  be  made. 


JuneO.  1&G4. 

g  1,  ch.  30. 
Officers ; 
their  pay 
and  allow- 
ances. 


XVI.— NITRE  AND  MINING  BUREAU. 

731.  Officers  ;  their  pay  and  allowances. 

732.  Appointment  of  chemists ;  their  pay. 

733.  Duration  of  the  act. 

731.  That  the  act  [483]  approved  April  twenty- 
second,  eighteen  hundred  and  sixty -three,  constituting 
the  Nitre  and  Mining  bureau  an  independent  bureau 
of  the  War  department,  be  amended  as  follows  :  That 


SUPPLEMENT.  307 

the  Nitre  and  Mining  bureau  shall  consist  of  one  colo- 
nel as  chief  of  bureau,  two  lieutenant-colonels,  six  ma- 
jors, twelve  captains,  who  shall  have  the  same  pay 
and  allowances  prescribed  for  officers  of  cavalry  of  the 
same  grade  [71]. 

732.  That  chemists  and  professional  assistants,  ab- .  ^jpoii?! 
solutely  essential  for  the  operations  of  the  bureau,  not  |!^j°[g. 
to  exceed  six  of  each  class,  shall  be  appointed  by  the  their  pay. 
Secretary  of  War,  with  pay  in  no  case  to  be  above 
that  of  lieutenant-colonel  of  the  commissioned  corps. 

738.  That  this  act  shall  continue  in  force  only  dur-  ™raUonof 
ing  the  present  war.  the  act. 


XVII.— MILITARY  COURTS. 

734.  When  commanders  of  subordinate  organizations  may  take  action 

upon  charges  and  specifications. 

735.  Acquittals  and  release. 

736.  Military  courts  in  Worth  Alabama. 

737.  Clerks  and  marshals;  persons  to  fill  said  offices  to  be  detailed. 

734.  That  the  above  entitled  act  [346]  be  so  amend-  J"?e1*'^64 

*-  J  g  I,  ch.  5-5. 

ed  that  in  all  instances  in  which  the  particular  division,  When com; 

x  '    maimers  of 

corps,  district,  or  other  subordinate  organization,  to  subordinate 

±     '  '  **..'.  organiza- 

which  a  military  court  is  or  may  be  hereafter  appoint-  tionsmay 

"  x  take  action 

cd  or  assigned,  the  commander  of  the  army  or  depart-  mreiation 

i  i  .  •       .  •       t  •  •        .      n    i        to  charges. 

ment  may,  by  order,  when  in  his  discretion  it  shall  be 
proper  and  safe  to  do  so,  direct  and  empower  the  com- 
mander of  the  subordinate  division,  corps,  district,  etc., 
to  pas,s  upon  and  refer  for  trial  all  charges  and  speci- 
fications to  come  before  said  court,  review  and  confirm 
or  disapprove  the  records  thereof,  transmit  the  same 
direct  to  the  War  department,  remit  or  suspend  sen- 
tences (where  lawful),  and  take  all  action  and  exercise 
all  jurisdiction  in  that  behalf  which  pertains  under 
existing  laws  to  the  commander  of  the  army  or  de- 
partment. 

735.  That  from  and  after  the  passage  of  this  act,  Acquittals 
when  any  person  shall  have  been  tried  by  any  milita-  andrelease- 
ry  court  or  court-martial,  and  acquitted  of  the  charge 

or  charges  preferred,  the  finding  of  the  court  shall  be 
announced  immediately,  and  the  person  so  tried  and 


JJ08  SUPPLEMENT. 

acquitted,  if  a  soldier,  shall  be  released  from  arrest 
and  returned  to  duty ;  and  if  other  than  a  soldier,  dis- 
charged from  custody  without  awaiting  the  examina- 
tion or  report  of  the  reviewing  officer  of  such  court. 

"'"ck1!*1.864       736-  That  the  Provi8°  t0  said  act  [353],  and  also  so 

Military        much  thereof  as  requires  that  the  iuda-e  of  the  military- 
court  in  u  •>      o  >> 

North  Ala-     court  in  North  Alabama  shall  srive  ten  days'  notice  of 

bama.  °  ^ 

the  times  and  places  of  holding  said  courts  before  the 
same  are  held,  be,  and  the  same  are  hereby,  repealed. 

JunchU571864       737-  rj-hat  so  mucn  of  tne  said  act  [347J  as  empow- 
cierksand     ers  the  said  military  courts  to  appoint  their  clerks  and 

marshals :  "  x  A 

secretary  of  marshals,  and  provides  for  the  payment  of  the  sala- 

taii persons    ries  of  the  said  officers,  is  hereby  repealed;  and  here- 
to fill  said  '  J         V  ■  > 

offices.  after  it  shall  be  the  duty  of  the  Secretary  of  War  to 

detail  and  assign  persons  to  fill  said  offices  from 
military  officers  and  non-commissioned  officers  and 
privates  unable  to  perform  duty  in  the  field,  and  the 
compensation  of  such  persons  shall  only  be  the  paj^to 
which  they  may  be  respectively  entitled  by  virtue  of 
their  military  commissions. 


XVIIL— STATE  AGENTS. 

738.  To  communicate  with  troops ;  may  purchase  forage. 

May. 31. 1864       738.  That  the  above  named  act  [3451   be,  and  the 

ch.  9.  ,  l  J 

state  officers  same  is  hereby,  amended  so  as  to  allow  to  the  state 

appointed  to  .  .      .  in 

communi-      officer  therein  named  the  right  to  purchase  forage  for 

cate  with 

troops,  ai-     one  horse,  in  addition  to  the  right  granted  thereby  to 

purchase       purchase  one  ration — said  purchases  to  be  made  upon 

the  same  terms  and  conditions,  and  under  the  same 

circumstances,  under  which  officers  of  the  Provisional 

army  may  be  allowed  to  purchase  rations  or  forage. 


SUPPLEMENT.  'MV.t 


XIX.— CLAIMS. 

739.  For  forage,  provisions,  etc.,  furnished  or  informally  impressed. 

Claims  originating  west  of  the  Mississippi  river.  Compensa- 
tion to  agents.  Quartermasters,  or  disabled  officers,  may  be 
assigned.     Non-commissioned  officers  and  privates.  ' 

740.  Limitation  of  act.     Presentation  of  claims. 

739.  That  it  shall  be  the  duty  of  the  Secretary  of  J^^\lrA 
War  to  appoint  and  assign,  in  each  congressional  dis-  F°r  forage, 

iri  s    '  o  provisions, 

trict,  and  for  each  territory,  an  agent,  not  liable  to  gjc^futrhneSU' 
military  duty  in  the  field,  who  shall,  at  stated  times,  owner,  or 

J  J  '  informally 

in  each  county  or.  parish,  under  the  direction  of  the  impressed, 
post  quartermaster  nearest  to  him,  receive  and  take 
proof,  under  oath,  in  relation  to  all  claims  in  said  dis- 
trict for  forage,  provisions,  cattle,  sheep,  hogs,  horses, 
mules,  teams,  and  wagons  heretofore  furnished  to  the 
army  by  the  owner,  or  heretofore  taken  or  informal^ 
impressed  for  the  use  of  the  army  and  not  yet  paid 
for,  by  any  officer  in  the  militar}*  service,  or  by  his 
order  or  direction,  express  or  implied,  from  the  use  of 
the  property,  whether  said  officer  be  a  line  or  staff 
officer,  and  whether  he  be  a  bonded  officer  or  other- 
wise, and  report  the  facts  and  transmit  the  evidence 
in  each  case  to  the  proper  accounting  officers  of  the 
Treasury,  together  with  his  opinion  as  to  the  justice 
and  validity  of  the  claim;  and  the  said  accounting 
officers  are  hereby  authorized  to  audit,  aud  control, 
and  order  payment  of  such  claims  as  appear  to  them 
to   be   equitable   and  just:  Provided,   That   all   such  claims origi. 

d.     .        ,.  „    ,  ,         ,«-.      ....  in     nating  west 

aims  originating  west  of  the  Mississippi  river  shall  of  the  Mis- 
be  reported  to  the  accounting  officers  of  the  Treasury  3,ss,|)("uve 
department  established  for  the  trans-Mississippi  de- 
partment, who  are  hereby  authorized  to  audit,  control, 
and  direct  payment  of  the  same,  in  the  same  manner 
as  the  accounting  officers  of  the  Treasury  east  of  the 
Mississippi  river.  And  the  said  agent  is  hereby  au- 
thorized, in  taking  testimony  in  regard  to  said  claims, 
to  administer  oaths  to  witnesses,  and,  if  he  think  prop- 
er, to  the  claimants  themselves.     The  compensation  Compensa- 

x  tion  to 

allowed  to  said  agent  shall  be  ton  dollai's  per   day   agents. 
while   actually   engaged  in   the   performance  of  the 
duties  imposed  on  him  by  this  act,  and  thirty  cents 


810 


SUPPLEMENT. 


Quartermas- 
ters or  disa- 
bled officers 
may  be  as- 
signed. 


Non-commis- 
sioned offi- 
cers and  pri- 
vates. 


Ibid,  §  2. 
Limitation 
of  act. 


Presentation 
of  claims. 


per  mile  for  everj^  mile  actually  travelled  by  him,  to 
be  paid  under  regulations  to  be  prescribed  by  the  Sec- 
retary of  War  :  Provided,  That  the  Secretary  of  War 
may  assign  to  the  duty  herein  mentioned  any  quar- 
termaster or  disabled  officer  of  the  army;  and,  in  that 
event,  said  officer  or  quartermaster  shall,  in  addition 
to  the  compensation  now  allowed  him  by  law,  be  enti- 
tled to  mileage  at  the  rate  of  forty  cents  per  mile  : 
Provided,  further,  That  the  Secretary  of  War  may  ap- 
point and  assign  any  nou-commissioned  officer  or 
private  to  perform  the  duties  under  this  act  who  may 
be  unfit  for  active  service  in  the  field  because  of 
wounds  received  or  disease  contracted  in  said  service, 
and  the  pay  and  allowances  of  such  non-commissioned 
officer  or  private,  when  so  appointed  and  assigned, 
shall  be  the  same  as  are  allowed  to  persons  so  appoint- 
ed who  may  not  be  liable  to  military  service. 

740.  This  act  shall  cease  and  determine  on  the  first 
day  of  January,  eighteen  hundred  and  sixty-five,  east 
of  the  Mississippi  river,  and  on  the  first  day  of  May, 
eighteen  hundred  and  sixty-five,  west  of  the  Missis- 
sippi river;  and  all  claims  of  the  description  aforesaid, 
not  presented  to  the  agent  aforesaid  prior  to  said 
dates,  at  the  respective  places  mentioned,  shall  not  be 
entitled  to  the  benefits  of  this  act. 


June  9, 1864. 
$  1,  ch.  28. 
Compensa- 
tion of  com- 
missioners 
and  their  as- 
sistants. 


XX.— HABEAS  CORPUS. 

[See  896  et  seq.~\ 

741.  Compensation  of  commissioners  and  their  assistants. 

742.  Powers  of  the  commissioners. 

741.  That  the  commissioners  appointed  under  the 
said  act  [408]  shall  be  entitled  to  receive  the  com- 
pensation of  two  hundred  and  fifty  dollars  each  per 
month,  from  the  date  of  their  respective  appointments 
until  the  expiration  of  their  service ;  and  that  their 
assistants  shall  be  allowed  one  hundred  and  fifty  dol- 
lars per  month,  from  the  date  of  their  appointments, 
respectively,  until  the  expiration  of  their  service. 


SUPPLEMENT.  311 

742.  That   the   said  commissioners  shall  have  the  *bid>22- 

Powers  of 

powers  conferred  upon  commissioners  appointed  by  thecommis- 
the  district  courts  by  the  act  of  the  Provisional  Con- 
gress approved  thirtieth  of  August,  eighteen  hundred 
and    sixty-one,    and    numbered    two    hundred    and 
seventy-three  in  the  acts  of  the  said  Congress. * 


XXI.— HOSPITALS.f 

743.  Commutation  value  of  hospital  rations. 

743.  That  the  commutation  value  of  rations  of  the  Juneu,i864 

Commnta- 

sick  and  wounded  officers  and  soldiers  in  hospitals  or  tionvahteof 

1  rations  of  the 

other  places,  used  in  camp  or  the  field  as  hospitals,  be  sick  and 

A  J  •  '  wounded. 

fixed  at  the  government  cost  of  said  rations,  and  one 
hundred  per  centum  thereon:  Provided,  that  said  one 
hundred  per  centum  on  the  government  cost  of  each 
ration  commuted  shall  constitute  a  hospital  fund,  and 
be  drawn  and  appropriated  as  the  Secretary  of  War 
shall  deem  necessary,  to  purchase  supplies  for  the  use 
of  the  sick  and  disabled  of  the  army  in  hospitals  [408]. 


*  No.  273.  An  act  vesting  certain  powers  in  the  Commissioners  of  the 
District  Courts  of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of  America  do 
enact,  That  the  commissioners  appointed  by  the  district  courts  of  the 
Confederate  States  shall  have  power  to  issue  warrants  of  arrest  against 
offenders,  for  any  crime  or  offence  against  the  Confederate  States,  or 
the  laws  thereof,  and  to  commit  to  prison  or  admit  to  bail  such  offender, 
as  the  case  may  be,  for  trial  before  such  court  as  may  have  cognizance 
of  the  offence,  and  with  all  the  powers  in  relation  to  crimes  and  offences 
against  the  Confederate  States,  or  the  laws  thereof)  which  are  conferred 
on  justices  of  the  peace  in  relation  to  crimes  and  offences  against  the 
United  States  of  America,  by  the  act  of  the  twenty-fourth  of  Septem- 
ber, seventeen  hundred  and  eighty-four,  of  the  Congress  of  said  United 
States,  entitled  "  An  act  to  establish  the  judicial  courts  of  the  United 
States." 

f  Sick  and  wounded  officers  allowed  treatment  and  rations  free  of 
charge  [713]. 


312  SUPPLEMENT. 


XXII.— TAXES. 

744.  Additional  tax  for  the  year  1864. 

745.  Appropriated  to  payment  of  increased  compensation  of  soldiers. 

746.  Tax  remitted  on  slaves  lost  by  act  of  the  enemy. 

747.  Act  of  17th  of  February,  1864,  amended. 

748.  Where  crops  have  been  wholly  or  partially  destroyed. 

749.  Where  quantity  of  corn  reserved  is  insufficient  for  actual  wants 

of  producer. 

750.  Fruit,  and  products  of  gardens,  when  exempt  from  taxation. 

751.  Account  of  slaughtered  hogs. 

752.  Additional  taxes  levied.   Five  per  cent,  on  property  specified.  De- 

duction for  tax  in  kind.     Duty  of  post  quartermaster. 

753.  Bacon    and  certain   agricultural  products ;  when  not  subject  to 

taxation. 

imf'i  744.  That    upon    all    subjects    of    taxation    under 

c.lln3f:     .     existing;  tax  laws  there  shall  be  assessed  and  levied 

Additional  o 

tax  ior  the  a  tax  equal  to  oue-fifth  of  the  amount  of  the  present 

year  1861.  *  r 

tax  on  the  same  subjectsfor  the  year  eighteen  hundred 
and  sixty-four,  which  tax  shall  be  payable  only  in  Con- 
federate treasury  notes  of  the  new  issue,  and  shall  be 
collected  at  the  same  times  with  the  other  taxes  on 
the  same  subjects,  under  the  laws  now  in  force. 
ibid,§2.  745    The  money  arising;  from  the  tax   hereby  im- 

Appropri-  jo  j 

atent0of  7    Posed  shall  be  appropriated,  first,  to  the  payment  of 
creased  com-  the  increased  compensation  of  the  soldiers  under  the 

pensation  of  A 

soidiera.        act  passed  at  the  present  session    [705]. 

June  io,i864       746.  That  whenever  slaves  shall  have  been  assessed, 

ch.  36.  .  ' 

Tax    remit-  but  between  the  time  of  the  assessment  and  the  time 

ted  on  slaves     „,,,„, 

lost  by  act  of  fixed  by  law  for  the  payment  of  the  tax  thereon,  such 

tlie  enemy.  ,  .  .  -     , 

slaves  shall  be  lost  to  the  owner  by  the  act  of  the 
enemy,  the  said  tax  may  be  remitted  in  the  manner 
pointed  out  by  the  second  section  of  the  act  entitled 
"An  act  for  the  relief  of  tax-payers  in  certain  cases," 
approved  February  thirteenth,  eighteen  hundred  and 
sixty-four  [536]. 
June  io  i86i       747.  That  the  act  [541]  approved  seventeenth  Feb- 

jS  1,  ch.  32.  l  j      i  1 

Act  of  Feb.  ruary,  eighteen  hundred  and  sixty-four,  entitled  "An 
amended.  act  to  amend  an  act  entitled  'An  act  to  lay  taxes  for 
the  common  defence  and  carry  on  the  government  of 
the  Confederate  States,"  approved  April  twenty-fourth, 
eighteen  hundred  and  sixty-three  "  [525],  be,  and  the 
same  is  hereby,  amended  as  follows  :  After  the  word 
"  wool,"  in  the  first  proviso  of  the  fourth  paragraph  of 
section  ten,  the  words  "  in  the  aggregate"  shall   be 


SUPPLEMENT.  313 

inserted  ;  and  in  the  same  article  and  section,  the  word 
"eight"  shall  be  substituted  for  the  word  "five,"  so 
as  to  read:  Provided,  That  post  quartermasters  shall 
direct  such  delivery  to  be  made  at  anytime  within 
eight  months  after  the  date  of  said  estimates,  etc. 

748.  In  all  cases  where  crops,  subject  to  a  tax  in  iwa'g?. 

1  -'■■■,  Where  crops 

kind,  have  been  or  may  be  destroyed,  in  whole  or  in  have  been 

'  *  ,  J        '  wholly  or 

part,  by  fire  or  any  other  accidental  cause,  or  by  the  partially  de- 
enemy,  if  before  assessment,  the  assessor  shall  regard 
the  part  of  the  crop  not  destroyed  as  all  that  was 
produced  by  the  owner;  if  after  assessment,  and  the 
destruction  be  satisfactorily  proven,  the  post  quarter- 
master shall  also  regard  the  portion  of  the  crop  not 
destroyed  as  all  that  was  produced,  and  the  proof  re- 
lieving the  producer  shall  entitle  the  quartermaster  to 
a  credit  on  his  return  for  the  property  thus  lost  [535, 
536]. 

749.  In  cases  where  the  quantity  of  corn  reserved  ™M,  ?.". 

^  J  Where  quan- 

from  the  tax  in  kind  is  not  sufficient  to  supply  the  act-  tity  °' °°™ 

1  1    •'  reserved     is 

ual  wants  of  the  producer,  without  any  default  on  insufficient 

A  ^  for    actual 

his    part,   upon    satisfactory  evidence   of   the    fact,  wants  of 

x  x  ^  producer. 

the  Secretary  of  War  is  authorized  to  allow  the  money- 
value  to  be  paid  for  the  tithe  to  the  extent  thus  re- 
quired. 

750.  The  law  imposing  a  tax  upon  the  assessed  value  S^**  d 
of  property  shall  not  be  so  construed  as  to  impose  a  products  of 

,  gardens ; 

tax  upon  the  produce  of  gardens  intended  for  the  use  when  ex- 

n     i  n         •-!  n  empt     from 

of  the  family  of  the  owner,  nor  upon  fruit  raised  for  taxation, 
domestic  use  and  not  for  sale. 

751.  That  the  account  of  slaughtered  hoo-s  required  ibid»25- 

o  &  l  Account     of 

by  the  first  section  of  said  act  shall  be  rendered  on  or  slaughtered 

^  hogs. 

about  the  first  day  of  March,  eighteen  hundred  and 
sixty-five  and  eighteen  hundred  and  sixtj'-six,  for  each 
year  preceding  said  date.  [See  542.] 

752.  That  the  first,  second,  and  third  sections  of  the  Junei4,i864 

ch  44 

"Act  to  levy  additional  taxes  for  the  common  defence 
and  support  of  the  government,"  approved  seven- 
teenth of  February,  eighteen  hundred  and  sixty-four, 
be  amended  and  re-enacted,  so  as  to  read  as  follows, 
to  wit : 

Section  1.  That,  in  addition  to  the  taxes  levied  by  A(1ditional 

'  J     taxeB  levied. 


314  SUPPLEMENT. 

the  "Act  to  lay  taxes  for  the  common  defence  and  to 
carry  on  the  Government  of  the  Confederate  States," 
approved  April  twenty -fourth,  eighteen  hundred  and 
'  sixty-three,  there  shall  be  levied  from  the  seventeenth 
day  of  February,  eighteen  hundred  and  sixty-four,  on 
the  subjects  of  taxation  hereinafter  mentioned,  and 
collectedfrom  every  person,  copartnership,  association, 
or  corporation  liable  therefor,  taxes  as  follows,  to  wit : 

on  property  I-  Upon  the  value  of  all  property,  real,  personal, 
and  mixed,  of  every  kind  and  description,  not  herein- 
after exempted  or  taxed  at  a  different  rate,  live  per 

Deduction     cent. :  Provided,  That  from  the  tax  on  the  value  of 

kind.  '  property  employed  in  agriculture  shall  be  deducted 
the  value  of  the  tax  in  kind  derived  therefrom  during 
the  same  year,  as  assessed  under  the  law  imposing  it, 
and  delivered  to  the,  government,  whether  delivered 
during  the  year  or  afterward,  including  the  bacon, 
deliverable  after,  and  not  prior  to,  the  assessment  of 
the  tax  on  property  employed  in  agriculture  as  afore- 
said; and  the  collection  of  the  tax  on  such  property 
shall  be  suspended  after  assessment,  under  the  order 
of  the  Secretary  of  the  Treasury,  until  the  value  of 

Duty  of  post  the  tithe  to  be  deducted  can  be  ascertained;  and  when 

quartermas-  .         -    .        ,      ,,   .         ,         ,     ,  _    , 

ter.  so  ascertained,  it  shall  be  the  duty  of  the  post  quarter- 

master to  certify,  and  of  the  district  collector  to  de- 
duct, the  value  of  such  tithe,  and  any  balance  found 
due  may  be  paid  in  bonds  and  certificates  therefor, 
authorized  by  the  '-'Act  to  reduce  the  currency  and  to 
authorize  a  new  issue  of  notes  and  bonds,"  in  like 
manner  as  other  taxes  payable  during  the  year  :  Pro- 
vided, That  no  credit  shall  be  allowed  beyond  five  per 
cent, 
ibid,  §5.  753.  That  this  act  shall  not  be  so  construed  as  to 

certain  agri-  subject  to  taxation  corn,  bacon,  and  other  agricultural 
auc«onsPnot  products  which  were  produced  in  the  year  eighteen 
taxation.  to  hundred  and  sixty-three,  and  in  the  possession  of  the 
producer  on  the  seventeenth  of  February,  eighteen 
hundred  and  sixty-four,  and  necessary  for  the  support 
of  himself  and  family  during  the  present  year,  and 
from  or  on  which  taxes  in  kind  have  been  deducted 
and  delivered  or  paid. 


sUTPPLEMKNT.  ^15 

XXIIL— SCOUTS  FOR  MISSISSIPPI  VAL- 
LEY. 

754.  Appointment  authorized. 

755.  Authority  to  raise  companies  for  scout  and  guard  duty. 

756.  Details  for  such  service. 

757.  Of  what  composed,  and  how  equipped. 

754.  That  the  President  of  the  Confederate  States  Juneio,i8<w 
be  and  is  hereby  authorized,  bv  and  with  the  advice  Appoint- 

J  i  ment  of 

and  consent  of  the  Senate,  to  appoint  one  major  and  SC0l,ts  for 

-1  L  J  service  in 

four  captains  to  do  service  as  scouts  in  the  valley  of  the    Missis- 

x  ^  sippi  valley. 

the  Mississippi  river,  or  to  assign  any  proper  officers 
for  that  purpose. 

755.  That  the  officers  thus  commissioned  shall  have  ^'h^2.-   . 

Authority  to 

authority  to  raise  four  companies,  to  be  officered  by   raise  compa- 

•?...;.*■  J      nies  for  scout 

the  President,  to  be  composed  of  such  members  and  jind  guard 
such  persons  as  he  may  approve,  for  scout  and  guard 
duty  for  government  transportation  across  the  Missis- 
sippi river,  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  War  department. 

756.  That  the  President  may  detail  such  officers  and  aetai^for 
men  from  the  army  as  he  may  deem  peculiarly  quali-  such  service, 
tied  for  such  service. 

757.  That  such  scouts  and  guards  shall  be  composed  ™d,§4. 

°  L  Ofwhatcom- 

either  of  infantry  or  cavalry,  or  in  part  of  both,  at  the  p°sed>  and 

"  fn  A  how     equip- 

discretion  of  the   President,    and  equipped   in   such  ped. 
manner  as  will  make  them  most  effective,  and  shall  be 
entitled  to  the  same  pay  and  allowances,  and  be  sub- 
ject to  the  same  regulations,  as  other  soldiers.   [For 
pay,  see  67  et  seq.~] 


XXIV.— VIRGINIA. 

758.  Ancient  boundaries  to  be  maintained. 

758.   Whereas,  Resolutions  of  the  General  Assembly  of  June4,i864. 
Virginia,  adopted  October  eighth,  eighteen  hundred  Preamble, 
and  sixty-three,  have  been  communicated  to  Con- 
gress by  the  governor  of  that  state,  at  the  request 
of  the  general  assembly,  wherein  that  body,  refer- 
i*ing  to  former  proceedings,  and  to  the  attempt  of 


:m» 


SUPPLKMKNT. 


Ancient 
boundaries 
to  be  main- 
tained. 


the  enemy  to  form  a  new  state  out  of  the  State  of 
Virginia,  declares  that  "it  is  the  firm  determination 
of  the  state,  and  known  to  be  that  of  the  Confeder- 
ate government,  to  assert  and  maintain  the  juris- 
diction and  sovereignty  of  the  State  of  Virginia  to 
the  uttermost  limits  of  her  ancient  boundaries,  at 
any  and  every  cost:" 

The  Congress  of  the  Confederate  States  of  America  do 
resolve,  That  in  no  event  will  this  government  con- 
sent to  a  division  or  dismemberment  of  the  state  of 
Virginia,  but  will  assert  and  maintain  her  jurisdiction 
and  sovereignty  to  the  uttermost  limits  of  her  ancient 
boundaries,  at  any  and  every  cost. 


bursing 
clerk. 


XXV.— WAR  DEPARTMENT. 

759.  Appointment  and  salary  of  disbursing  clerk. 

^12 1864       759>  rjL,Qat  there  shall  be  appointed  by  the  Secretary 
Appoint-       0f  War  a  clerk,  with  a  salary  of  twenty-five  hundred 

ment  and  J  J 

salary  of  dis-  dollars  per  annum,  who  shall  be  charged  with  making 
the  disbursements  for  the  said  department,  and  who 
shall  give  a  bond,  with  sureties,  for  the  faithful  per- 
formance of  the  duties  of  his  office,  in  such  sum  as 
the  Secretary  of  War  shall  prescribe.  And  all  acts 
and  parts  of  acts  now  providing  for  the  appointment 
and  salary  of  disbursing  clerk  for  said  department  be, 
and  the  same  are  hereby,  repealed:  Provided,  Said 
salary  shall  not  continue  for  a  period  beyond  the  du- 
ration of  the  war  with  the  United  States.    [See  555.] 


June  14, 1864 

Res.  13. 
Manifesto  of 
Congress  re- 
lating to  the 
existing  war 
with  the 
United 
States. 


XXVI.— WAR. 

760.  Manifesto  of  Congress  relating  to  the  existing  war  with  the  United 
States.  Copies  to  be  transmitted  to  our  commissioners  abroad. 
Declaration  of  the  principles,  dispositions,  and  purposes  of  the 
Confederate  States. 

760.  Whereas,  It  is  due  to  the  great  cause  of  hu- 
manity and  civilization,  and  especially  to  the  heroic 
sacrifices  of  their  gallant  army  in  the  field,  that  no 
means  consistent  with  a  proper  self-respect,  and  the 
approved  usages  of  nations,  should  be  omitted  by  the 


SUPPLEMENT.  317 

Confederate  States  to  enlighten  the  public  opinion  of 
the  world  with  regard  to  the  true  character  of  the 
struggle  in  which  they  are  engaged,  and  the  dispo- 
sitions, principles,  and  purposes  by  which  they  are 
actuated :  therefore, 

Resolved,  by  the  Congress  of  the  Confederate  States  of  c°Pies  .t0  be 
America,  That   the  following  manifesto  be  issued  in  *»  0U1" com- 

miBsionera 

their  name  and  by  their  authority,  and  that  the  Presi-  abroad, 
dent  be  requested  to  cause  copies  thereof  to  be  trans- 
mitted to  our  commissioners  abroad,  to  the  end  that 
the  same  may  be  laid  before  foreign  governments: 

MANIFESTO  OF  THE  CONGRESS  OF  THE  CONFEDERATE 
STATES  OF  AMERICA  RELATIVE  TO  THE  EXISTING  WAR 
WITH  THE  UNITED  STATES. 

The  Congress  of  the  Confederate  States  of  America,  Declaration 

,  ii-  i  •  i  ■   •  .     .  °f  the  dispo- 

acknowledging  their  responsibility  to  the  opinion  of  anions,  prin- 
the  civilized  world,  to  the  great  law  of  Christian  phi-  purposed  of 
lanthropy,  and  to  the  Supreme  Euler  of  the  Universe,  erate  states. 
for  the  part  they  have  been  compelled  to  bear  in  the 
sad  spectacle  of  war  and  carnage  *vhich  this  continent 
has,  for  the  last  three  years,  exhibited  to  the  eyes  of 
afflicted  humanity,  deem  the  present  a  fitting  occasion 
to  declare  the  principles,  the  sentiments,  and  the  pur- 
poses by  which  they  have  been,  and  are  still,  actuated. 
They  have  ever  deeply  deplored  the  necessity  which 
constrained  them  to  take  up  arms  in  defence  of  their 
rights,  and  of  the  free  institutions  derived  from  their 
ancestors;  and  there  is  nothing  they  more  ardently 
desire  than  peace,  whensoever  their  enemy,  by  ceasing 
from  the  unhallowed  war  waged  upon  them,  shall 
permit  them  to  enjoy  in  peace  the  sheltering  protection 
of  those  hereditary  rights  and  of  those  cherished  in- 
stitutions. 

The  series  of  successes  with  which  it  has  pleased 
Almighty  God,  in  so  signal  a  manner,  to  bless  our 
arms  on  almost  every  point  of  our  invaded  borders 
since  the  opening  of  the  present  campaign,  enables  us 
to  profess  this  desire  of  peace  in  the  interests  of  civil- 
ization and  humanity  without  danger  of  having  our 
motives  misinterpreted,  or  of  the  declaration  being 


318  SUrrLEMENT. 

ascribed  to  any  unmanly  sentiment,  or  any  distrust  of 
our  ability  fully  to  maintain  our  cause.  The  repeated 
and  disastrous  checks,  foreshadowing  ultimate  dis- 
comfiture, which  their  gigantic  army,  directed  against 
the  capital  of  the  Confederacy,  has  already  met  with, 
are  but  a  continuation  of  the  same  providential  suc- 
cesses for  us.  We  do  not  refer  to  these  successes  in 
any  spirit  of  vain  boasting,  but  in  humble  acknowledg- 
ment of  that  Almighty  protection  which  has  vouch- 
safed and  granted  them. 

The  world  must  now  see  that  eight  millions  of 
people,  inhabiting  so  extensive  a  territory,  with  such 
varied  resources,  and  such  numerous  facilities  for  de- 
fence as  the  benignant  bounty  of  nature  has  bestowed 
upon  us,  and  animated  with  one  spirit  to  encounter 
every  privation  and  sacrifice  of  ease,  of  health,  of 
property,  of  life  itself,  rather  than  be  degraded  from 
the  condition  of  free  and  independent  states  into  which 
they  were  born,  can  never  be  conquered.  Will  not  our 
adversaries  themselves  begin  to  feel  that  humanity 
has  bled  long  enough,  that  tears,  and  blood,  and 
treasure  enough  have  been  expended  in  a  bootless 
undertaking,  covering  their  own  land,  no  less  than 
ours,  with  a  pall  of  mourning,  and  exposing  them,  far 
more  than  ourselves,  to  the  catastrophe  of  financial 
exhaustion  and  bankruptcy,  not  to  speak  of  the  loss 
of  their  liberties  by  the  despotism  engendered  in  an 
aggressive  warfare  upon  the  liberties  of  another  and 
kindred  people?  Will  they  be  willing,  by  a  longer 
perseverance  in  a  wanton  and  hopeless  contest,  to 
make  this  continent,  which  they  so  long  boasted  to  be 
the  chosen  abode  of  liberty  and  self-government,  of 
peace  and  a  higher  civilization,  the  theatre  of  the 
most  causeless  and  prodigal  effusion  of  blood  which 
the  world  has  oyer  seen,  of  a  virtual  relapse  into  the 
barbarism  of  the  ruder  ages,  and  of  the  destruction  of 
constitutional  freedom,  by  the  lawlessness  of  usurped 
power?  These  are  questions  which  our  adversaries 
will  decide  for  themselves.  We  desire  to  stand  ac- 
quitted, before  the  tribunal  of  the  world,  as  well  as  in 
the  eyes  of  Omniscient  justice,  of  any  responsibility 


SUPPLEMENT.  319 

for  the  origin  or  prolongation  of  a  war  as  contrary  to 
the  spirit  of  the  age  as  to  the  traditions  and  acknowl- 
edged maxims  of  the  political  system  of  America.  On 
this  continent,  whatever  opinions  may  have  prevailed 
elsewhere,  it  has  ever  been  held  and  acknowledged  by 
all  parties,  that  government,  to  be  lawful,  must  be 
founded  on  the  consent  of  the  governed.  We  were 
forced  to  dissolve  our  federal  connection  with  our 
former  associates  by  their  aggressions  on  the  funda- 
mental principles  of  our  compact  of  union  with  them, 
and,  in  doing  so,  we  exercised  a  right  consecrated  in 
the  great  charter  of  American  liberty — the  right  of  a 
free  people,  when  a  government  proves  destructive  of 
the  ends  for  which  it  was  established,  to  recur  to 
original  principles,  and  to  institute  new  guards  for 
their  security. 

The  separate  independence  of  the  states,  as  sover- 
eign and  coequal  members  of  the  Federal  Union,  had 
never  been  surrendered,  and  the  pretension  of  apply- 
ing to  independent  communities,  so  constituted  and 
organized,  the  ordinary  rules  for  coercing  and  reduc- 
ing rebellious  subjects  to  obedience,  was  a  solecism  in 
terms  as  well  as  an  outrage  on  the  principles  of  public 
law.  The  war  made  upon  the  Confederate  States  was, 
therefore,  wholly  one  of  aggression ;  on  our  side  it  has 
been  strictly  defensive.  Born  freemen,  and  the  de- 
scendants of  a  gallant  ancestry,  we  had  no  option  but* 
to  stand  up  in  defence  of  our  invaded  firesides,  of  our 
desecrated  altars,  of  our  violated  liberties  and  birth- 
right, and  of  the  prescriptive  institutions  which  guard 
and  protect  them.  We  have  not  interfered,  nor  do  we 
wish  in  any  manner  whatever  to  interfere,  with  the 
internal  peace  and  prosperity  of  the  states  arrayed  in 
hostility  against  us,  or  with  the  freest  development  of 
their  destinies  in  any  form  of  action  or  line  of  policy 
they  may  think  proper  to  adopt  for  themselves.  All 
we  ask  is  a  like  immunity  for  ourselves,  and  to  be  left 
in  the  undisturbed  enjoyment  of  those  inalienable 
rights  of  "  life,  liberty,  and  the  pursuit  of  happiness  " 
which  our  common  ancestors  declared  to  be  the  equal 
heritage  of  all  parties  to  the  social  compact.  Lot  them 


320  SUPPLEMENT. 

forbear  aggressions  upon  us,  and  the  war  is  at  an  end. 
If  there  be  questions  which  require  adjustment  by  ne- 
gotiation, we  have  ever  been  willing,  and  are  still 
willing,  to  enter  into  communication  with  our  adver- 
saries in  a  spirit  of  peace,  of  equity,  and  manly 
,  frankness.  Strong  in  the  persuasion  of  the  justice  of 
our  cause,  in  the  gallant  devotion  of  our  citizen-soldiers 
and  the  whole  body  of  our  people,  and,  above  all,  in 
the  gracious  protection  of  Heaven,  we  are  not  afraid 
to  avow  a  sincere  desire  for  peace  on  terms  consistent 
with  our  honor  and  the  permanent  security  of  our 
rights,  and  an  earnest  aspiration  to  see  the  world  once 
more  restored  to  the  beneficent  pursuits  of  industry 
and  of  mutual  intercourse  and  exchanges  so  essential 
to  its  well-being,  and  which  have  been  so  gravely  in- 
terrupted by  the  existence  of  this  unnatural  war  in 
America.  But  if  our  adversaries,  or  those  whom  they 
have  placed  in  authority,  deaf  to  the  voice  of  reason 
and  justice,  steeled  against  the  dictates  of  both  pru- 
dence and  humanity,  by  a  presumptuous  and  delusive 
confidence  in  their  own  numbers,  or  those  of  their 
black  and  foreign  mercenaries,  shall  determine  upon 
an  indefinite  prolongation  of  the  contest,  upon  them 
be  the  responsibility  of  a  decision  so  ruinous  to  them- 
selves, and  so  injurious  to  the  interests  and  repose  of 
mankind.  For  ourselves,  we  have  no  fear  of  the 
result.  The  wildest  picture  ever  drawn  of  a  disorder- 
ed imagination  comes  short  of  the  extravagance  which 
could  dream  of  the  conquest  of  eight  millions  of  people 
resolved,  with  one  mind,  "  to  die  freemen  rather  than 
live  slaves,"  and  forewarned  by  the  savage  and  exter- 
minating spirit  in  which  this  war  has  been  waged 
upon  them,  and  by  the  mad  avowals  of  its  patrons  and 
supporters  of  the  worse  than  Egyptian  bondage  that 
awaits  tbem  in  the  event  of  their  subjugation. 

With  these  declarations  of  our  dispositions,  our 
principles,  and  our  purposes,  we  commit  our  cause  to 
the  enlightened  judgment  of  the  world,  to  the  sober 
reflections  of  our  adversaries  themselves,  and  to  the 
solemn  and  righteous  arbitrament  of  Heaven. 


NAVAL  LAWS. 


I.  Iron-clad  vessels. 

II.  Bounty. 

III.  Invalid  corps. 

IV.  Small-stores. 

V.  Provisional  Navy. 

VI.  Volunteer  Navy. 

VII.  Rations. 

VIII.  Transportation. 

IX.  Details. 

I.—  IRON-CLAD  VESSELS. 

761,  Money   contributed  by  ladies  of  South  Carolina,  appropriated  to 
build  iron-clad  vessels  at  Charleston. 

761.  That  the  sum  of  thirty  thousand  dollars  be,  Mayi9,i864. 
and  the  same  is  hereby,  appropriated,  out  of  any  Appropria- 
money  in  the  Treasury  not  otherwise  appropriated,  to  ney  contrib- 
be  expended,  under  the  direction  of  the  Secretary  of  ladies  of 
the  Navy,  in  the  construction  of  iron-clad  vessels  at  Hna!tobuiid 
Charleston.  South  Carolina — this  amount  having  been  gels  atadves 
contributed  by  the  ladies  of  South  Carolina  for  this  Charleston- 
object,  and  paid  into  the  Treasury. 


II.— BOUNTY. 

762.  Allowed  to  seamen,  marines,  and  others. 

762.  That  the  provisions  of  the  third  section  of  the  June7,i864. 
act  entitled  "  An  act  to  organize  forces  to  serve  during  Bounty  a\- 
the  war,"  approved  February  seventeenth,  eighteen  men, ma- 


hundred  and  sixty-four  [128],  be,  and  the  same  are 
hereby,  extended  to  the  warrant  officers,  pilots,  sea- 
men, ordinary  seamen,  landsmen,  and  boys  of  the 
navy,  and  to  the  non-commissioned  officers,  musicians, 
and  privates  of  the  marine  corps. 
2! 


rines,  etc. 


322 


SUPPLEMENT. 


in.— INVALID  CORPS. 

763.  Sick   or  disabled  seamen,  marines,   and  others.     Assignment  to 
duty. 


June  7, 1864 
ch.  21. 


763.  That  the  act  [311]  entitled  "  An  act  to  provide 
sickotdis-  an  invalid  corps,"  approved  February  seventeenth, 
men,  ma-       eighteen  hundred  and  sixty-four,  be  extended  to  and 

riues.  etc.         ,      ,  ,  ,  ,  , .  ,         ,  , 

Assignment  held  to  embrace  the  ordinary  seamen,  landsmen,  and 
boys  of  the  navy,  and  the  non-commissioned  officers, 
musicians,  and  privates  of  the  marine  corps ;  and  that 
assignments  to  duty  of  all  officers,  men,  and  boys  of 
the  nav}'  and  of  the  marine  corps,  under  the  fourth 
section  of  the  said  act,  shall  be  made  by  the  Secretary 
of  the  Navy. 


IV.— SMALL-STORES. 

764.  To  be  issued  to  enlisted  men  of  the  navy. 

Juue7,isw.       764.  That  the  act  [636]  entitled  "An  act  to  regu- 
smaii-stores   late  the  supplies  of  clothing  to  enlisted  men  of  the 

to  enlisted  i       •  i  ,,  ,        .        -i         i  •      •      i 

men  of  the  navy  during  the  war,  approved  April  thirtieth, 
eighteen  hundred  and  sixty-three,  be,  and  the  same  is 
hereby,  amended  so  as  to  authorize  the  Secretary  of 
the  Navy  to  issue  supplies  of  small-stores  to  the  enlist- 
ed men  of  the  navy,  upon  the  same  terms  as  provided 
for  the  clothing  authorized  by  said  act. 


June  14.1864 

ch.  50. 
Amendment 
of  "  Act  to 
create  a  Pro- 
visional 
navy. 

Appoint- 
ment of  com- 
missioned 
officers. 


765. 


V.— PROVISIONAL  NAVY. 

Amendment  of  act  to  create  a  Provisional  Navy.     Appointment 
of  commissioned  officers. 


765.  That  in  the  first  line  of  the  fourth  section  [640] 
of  the  act  entitled  "  An  act  to  create  a  Provisional 
Navy  of  the  Confederate  States,"  the  word  "  provi- 
sional "  shall  be  substituted  for  the  word  "  regular,"  so 
that  the  said  fourth  section  shall  read  as  follows  :  All 
commissioned  officers  of  the  Provisional  Navy  shall 
be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  whenever,  in  his  judgment, 


SUPPLEMENT.  323 

the  public  service  requires  their  appointment,  and  in 
such  numbers  as  he  may  think  necessary,  to  the  fol- 
lowing ranks  and  grades,  viz :  Admirals,  vice-admirals, 
rear-admirals,  commodores,  and  to  such  other  ranks 
and  grades  as  may  exist  in  the  .Regular  Navy. 


VI.— VOLUNTEER  NAVY. 

766.  Kesident  foreigners  and  Marylanders  allowed  to  volunteer  in  the 
service  of  the  Volunteer  Navy.     Passports. 

766.  That  the  act  r6511  entitled  "An  act  to  amend  Junei4,i864 

ch.  49. 

'  An    act  to   establish   a   Volunteer  Navy/  "   passed  Resident Vor- 

lTii  -i  ill  i-  n  eigners  and 

eleventh  .February,  eighteen  hundred  and  sixty-four,  Marylanders 
be  so  amended  as  to  allow  persons  to  volunteer  in  the  volunteer  in 
service  of  the  Volunteer  Navy:  Provided,  Such  persons  ofttufvoiun- 
'are  resident  foreigners  or  Marylanders;  and  the  Presi-  passport*.' 
dent  is  hereby  authorized  to  cause  passports  to  be 
issued  to  such  persons  as  shall  volunteer  as  aforesaid, 
and  shall  be  accepted  by  the  president  of  the  company 
by  which  such  vessel  was  fitted  out,  either  within  or 
beyond  the  Confederate  States. 


VII.— RATIONS. 

[See  707  et  seq.,  and  713.] 


VIII.— TRANSPORTATION. 

[See  711.] 


IX.— DETAILS. 

[See  714  et  seq.~] 


INDEX  TO  SUPPLEMENT. 


A. 

Admirals — Appointments  of,  in  the  Provisional  Navy . 765 

Agents  to  receive  and  take  proof  of  claims  for  forage,  provisions,  etc.,  fur-- 

nished  to  the  army  by  the  owner,  or  taken  or  informally  impressed. . .  .739 
Agricultural  products — Certain  agricultural  products  of  the  year  1863  exempt 

from  taxation 753 

Alabama — Military  court  in  North  Alabama 736 

Alcoholic  liquors 702  et  seq- 

Appointments — Of  temporary  general  officers 687 

Of  ensign  for  each  battalion  of  infantry 723 

Of  chemists  and  professional  assistants  for  Nitre  and  Mining  bureau 732 

Of  additional  officers  of  artillery  for  ordnance  duties 720 

Of  agents  to  receive  and  take  proof  of  claims  for  forage,  provisions,  etc. . .  .739 

Of  commissioned  officers  of  the  Provisional  Navy 765 

Of  additional  quartermasters  and  commissaries,  of  purchasing  agents  and 

transportation  agents ;  so  much  of  act  of  October  9,  1862,  as  authorizes. 697 

Military  courts  to  appoint  their  clerks  and  marshals  ;  repealed 737 

Of  quartermaster  for  each  state  and  congressional  district  for  collection  of 

the  tax  in  kind ,...700 

In  the  corps  composed  of  the  general  staff  of  the  army 689  et  seq. 

Of  general  officer  charged,  under  the  direction  of  a  commanding  general, 

with  the  administration  of  his  army 691 

Artillery — Appointments  of  additional  officers  for  ordnance  duties 720 

B. 

Battalions — Appointments  of  chaplains  to 725 

Appointments  of  ensigns  to 723 

Bonds — Of  additional  military  storekeepers  of  ordnance 727 

Of  purchasing  agents  and  transportation  agents 697 

Bounty  to  warrant  officers,  pilots,  seamen,  etc.,  of  the  navy,  and  to  non- 
commissioned officers,  privates,  and  musicians  of  the  marine  corps.... 762 

C. 

Cavalry — Commissaries  allowed  regiments  of 701 

When  officers  or  soldiers  of  the  cavalry  may  be  dismounted  and  placed  in 

the  infantry 721 

Horses  of  persons  dismounted 722 

Chaplains  to  battalions  and  to  general  hospitals 725 

Chemists  and  professional  assistants  for  Nitre  and  Mining  bureau 732 

Claims  for  forage,  provisions,  etc.,  furnished  to  the  army  by  the  owner,  or 

taken  or  informally  impressed    739 


326  INDEX    TO    SUPPLEMENT. 

Clerks — Disbursing  clerk  in  the  War  department 759 

Commissaries  allowed  regiments  of  cavalry 701 

Additional  commissaries  for  the  Provisional  Army 697 

Additional  quartermasters  and  commissaries  for  the  collection  and  distri- 
bution of  railroad  and  field  transportation  and  army  supplies 697 

Commissary-General  authorized  to  make  contracts  for  the  manufacture  and  dis- 
tillation of  alcoholic  and  spirituous  liquors 702 

Commissioners  under  act  suspending  privilege  of  writ  of  habeas  corpus  ...741,  742 

Commodores  may  be  appointed  in  the  Provisional  Navy 765 

Commutation — Commutation  value  fixed  of  rations  of  sick  and  wounded  offi- 
cers and  soldiers  in  hospitals 748 

Compensation — Of  disbursing  clerk  in  the  War  department 759 

•Of  officers  of  the  army  and  navy  travelling  under  orders 711 

Of  additional  military  storekeepers  of  ordnance • 726 

Of  persons  on  detailed  service 714,  715 

Of  persons  detailed  to  government  contractors 716 

Of  commissioners  and  their  assistants  under  the  act  suspending  the  privi- 
lege of  the  writ  of  habeas  corpus 741 

Of  non-commissioned  officers,  privates,  and  musicians,  increased 705 

Of  general  officers 706 

Of  agents  appointed  to  receive  and  take  proof  of  claims  for  forage,  pro- 
visions, etc. 739 

Of  persons  detailed  by  the  Secretary  of  War  to  fill   the  offices  of  marshal 

and  clerk  of  military  courts 737 

Pay  and  allowances  of  staff  officers 691  et  seq. 

Congress — When  military  commanders  to  furnish  transportation  in  kind  to 

members  of  Congress 712 

Conscripts  beyond  the  military  lines  allowed  to  organize 717 

Contractors — Compensation  of  persons  detailed   to  government  contractors. ..  .716 

Contract  for  the  manufacture  of  alcoholic  and    spirituous  liquors 702 

Contribution — The  ladies  of  South  Carolina  to  build  an  iron-clad  gunboat 761 

Courts — See  Military  Courts 734  et  seq. 

Crops — When  crops  subject   to  tax  in  kind  are  destroyed 748 

Where  the  corn  reserved  from  the  tax  in  kind  is  insufficient  for  the  producer .  749 
Products  of  gardens,  and  fruit  for  domestic  use,  not  liable  to  tax 750 

D. 

Detailed  service — Pay  and  allowances  of  non-commissioned   officers,  soldiers, 

sailors,  and  marines  on  detailed  service 714,  715 

Compensation  of  persons  detailed  to  government  contractors 716 

Details  of  persons  to  fill  the  offices  of  clerk  and  marshal  of  military  courts 737 

Disbursing  clerk  in  the  War  department 759 

Distilleries  for  alcoholic  and  spirituous  liquors  70S 

E. 

Ensigns — Appointment  of,  to  each  battalion  of  infantry 723 

Exempts — Members  of  certain  denominations  of  Christians  may  be  exempted 

from  military  service 718 

P. 
Forage  for  state  officers  commissioned  to  communicate  with    state  troops 738 


INDEX    TO    SUPPLEMENT.  327 

Foreigners — Resident  foreigners  allowed  to  volunteer  in  the  service  of  the  Vol- 

teer  Navy 766 

Fruit  raised  for  domestic  use,  not  taxable 750 

G. 
G-ardens — Products  of,  intended  for  the  use  of  the  family  of  the  owner,  not  tax- 
able  750 

General  officers — Pay  of 706 

General  staff 689  et  aeq. 

H. 

Habeas  corpus — Compensation  of  commissioners  and  assistants 741 

Powers  of  commissioners 742 

Horses  of  persons  dismounted,  taken  for  the  use  of  the  army 722 

Hospital  fund . 743 

Hospitals — Appointment  of  chaplains  to  general  hospitals 725 

Commutation  value  of  hospital  rations  fixed ;..... 743 

Sick  and  wounded  officers  iu  the  naval  and  military  service  allowed  hos- 
pital accommodations  free  of  charge 713 

I. 

Infantry — Appointment  of  ensign  for  each  battalion  of  infantry 723 

Invalid  corps  to  include  persons  in  navy  and  marine  corps 763 

Assignment  to  duty  to  be  made  by  the  Secretary  of  the  Navy ..763 

L. 
Laborers — Employment  of,  for  manufactories  and  distilleries  of  alcoholic  liquors.  703 

M. 
Manifesto  of  Congress  in  relation  to  the  existing  war  with  the  United  States.  .760 

Manufactories  for  alcoholic  and  spirituous  liquors , 703 

Marine  corps — Bourfty  allowed  to  non-commissioned  officers,  musicians,  and 

privates 762 

Non-commissioned  officers,  musicians,  and  privates  may  be  retired  or  dis- 
charged from  the  service 763 

Marshals  for  military  courts. 737 

Marylanders  allowed  to  volunteer  in  the  service  of  the  Volunteer  Navy 766 

Mileage  of  agents  appointed  to  receive  and  take  proof  of  claims  for  forage, 

provisions,  etc 739 

Military  courts 734  et  seq. 

Military  hospitals 713-743 

Military  service — Members  of  certain  denominations  of  Christians  may  be  ex- 
empted from 718 

Conscripts  beyond  the  military  lines  allowed  to  organize 717 

Military  storekeepers 726,  727 

Musicians — Pay  increased 705 

N. 

Navy — See  Volunteer  Navy,  766.      Provisional  Navy 765 

Officers  of,  travelling  under  orders,  allowed  transportation  and  expenses. . .  .711 
Bounty  allowed  to  warrant  officers,  pilots,  seamen,  ordinary  seamen,  lands- 
men, and  boys 762 


328  INDEX    TO    SUPPLEMENT. 

Ordinary  seamen,  landsmen,  and  boys  of  the  navy  may  be  retired  or  dis- 
charged from  the  service . 763 

Supplies  of  small-stores  may  be  issued  to  enlisted  men  of  the  navy 764 

Sick  and  wounded  officers  in  the  naval  service  allowed  hospital  accommo- 
dations free  of  charge 713 

Nitre  and  Mining  bureau — Of  what  officers  to  consist 731 

Chemists  and  professional  assistants • - 732 

0. 

Officers — Temporary  general  officers 687,  688 

Of  the  army  and  navy  travelling  under  orders 711 

When  officers  or  soldiers  of  the  cavalry    may  be    dismounted  and  placed 

in  the  infantry 721 

When  military  officers  to  furnish   transportation   in  kind  to   members  of 

Congress 712 

Of  the  Nitre  and  Mining  bureau 731 

Pay  of  general  officers 706 

Additional  officers  of  artillery  for  ordnance  duties 720 

Disabled  army  officers  may  be  appointed  agents  to  take  and  receive  proof 
of  claims  for  forage,  provisions,  etc.,  furnished  to  the  army  or  im- 
pressed  739 

Appointment  of  commissioned  officers  of  the  Provisional  Navy .....765 

Of  additional  quartermasters  and  commissaries  ;  of  purchasing  agents  or 

transportation  agents 697 

Supernumerary  officers 728  etseq. 

When  the  lowest  grade  of  commissioned  officers  of  a  company,  the  position 

of  senior  second  lieutenant   and  of  first  lieutenant,  may  be  filled 730 

Sick  and  wounded  officers  of  the  army  allowed  transportation 713 

Sick  and  wounded  officers  in  the  naval  and  military  service  allowed  hospi- 
tal accommodations  and  rations  free  of  charge 713 

Ordnance  duties — Additional  officers  of  artillery  for  ordnance  duties 720 

P. 

Passports  to  issue  to  such  persons  as  volunteer  in  the  Volunteer  Navy 766 

Post  quartermaster See  Quartermasters. 

Privates — Pay  increased 705 

Promotions  in  the  corps  composed  of  the  genertil  staff 689 

Provisional  Navy 765 

Purchasing  agents 697 

Q. 

Quartermasters — May  be   assigned    to  the  duties   of  agents    to    take  proof  of 

claims  for  provisions,  etc 739 

Additional  quartermasters  for  the  Provisional  Army 697 

When  additional  assistant  quartermasters  not  to  be  appointed 697 

President  not  required  to  appoint  or  keep  in  service  regimental  or  battal- 
ion quartermasters 698 

Assignments  of  quartermasters 698 

When  quartermasters  may  be  dropped  from  the  roll 699 

Quartermaster  for  each  state  and  congressional  district  to  execute  duties 
in  reference  to  the  tax  in  kind • 700 


INPF.X    TO    SUPPI.F.MF.NT.  ?>%{) 

R. 

Rank — Of  officers  in  the  Provisional  Navy 765 

Of  staff  officers. 691  et.  seq. 

Rations — Allowed  officers  of  the  army  and  navy . 707  et  seq. 

.    Commutation  value  of  hospital  rations  fixed .. 743 

Allowed  sick  and  wounded  officers  in   the  naval  and  military  service,  in 

hospitals,  free  of  charge 713 

Rear-admirals  may  be  appointed  in  the  Provisional  Navy 765 

S. 

Sick  and  wounded — Commutation  value  of  hospital  rations  fixed , 743 

Hospital  fund  for  the  purchase  of  supplies  for 743 

Sick   and  wounded  officers  of  the   army  allowed  transportation   to   their 

homes  and  back 713 

Sick  and  wounded  officers  in  the  naval  and  military  service  allowed  hos- 
pital accommodations  free  of  charge 71  3 

Slaves — Tax  remitted  on  slaves  lost  to  the  owner  by  the  act  of  the  enemy 746 

Small-stores — Supplies  of  may  be  issued  to  enlisted  men  of  the  navy 764 

Soldiers — Increased  pay  of • 705 

Spirituous  liquors 702  et  seq. 

Staff  officers — General  staff  of  the  army 689  et  seq. 

State  agents  commissioned  to  communicate  with  state  troops   allowed  to  pur- 
chase forage , , 738 

Supernumerary  officers — Organization  of  companies,  battalions,  or  regiments 

composed  of  supernumerary  officers  of  the  Provisional  Army  . .  .728  et  seq. 

Supplies  of  small-stores  may  be  issued  to  enlisted  men  of  the  navy, 764 

Surgeon-General  authorized  to  make  contracts  for  the  manufacture  and  distil- 
lation of  alcoholic  and  spirituous  liquors 702  et  seq- 

T. 

Taxes 744  et  seq. 

Transportation — For  officers  of  the  army  and  navy  travelling  under  orders 711 

To  members  and  delegates  going  to  or  returning  from  Congress 712 

For  sick  and  wounded  officers  of  the  army 713 

Transportation  agents 739 

U. 
United  States — Manifesto  of  Congress  in  relation  to  the  existing  war  with  the 

United  States 760 

V. 

Vacancies — Offices  made  vacant  by  the  resignation  of  supernumerary  officers. .  .730 

When  the  lowest  grade  of  commissioned  officers  of  a  company,  the  position 

of  senior  second  lieutenant  and  first  lieutenant  may  be  filled 730 

Vessels — Certain  money  contributed  by  the  ladies  of  South   Carolina,  appro- 
priated to  the  construction  of  iron-clad  vessels  at  Charleston 761 

Vice-admirals  may  be  appointed  in  the  Provisional  Navy 765 

Virginia — Ancient  boundaries  to  be  maintained 758 

Volunteer  Navy — Resident  foreigners  or  Marylanders  allowed  to  volunteer  . . .  .766 

W. 
War — Manifesto  of  Congress  in  relation  to  the  existing  war  with  the  United 

States 760 

War  department — Disbursing  clerk  to  be  appointed  in 759 

22 


£  R  E  A  T  A 

On  page  12,  after  the  captions  "VII.  Military  Storekeepers,"  "XL  Cavalr*,' 

and  "  XII.  Infantry,"  strike  out  the  words  and  figures  enclosed  in  brackets. 
On  page  158,  foot  note,  for  "  see  373,"  read  "  see  468." 


■  ■ 


RARE  BOOK 
COLLECTION 


THE  UNIVERSITY  OF 

NORTH  CAROLINA 

LIBRARY 

31 

Conf. 

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